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Considering the Rationale of Incorporating Force Majeure Clauses in Commercial Contracts Between the Parties to a Commercial Contract
ContractGeneral
Force Majeure clauses are often incorporated by practising lawyers (other than Counsels) as a matter of practice in drafting commercial contracts, be they domestic or transnational, apparently without realising that...Read more
Portrait image of Anna Lefcovitch
Anna Lefcovitch
Solicitor, Arcadis, UK
Evaluating the Role of Negotiations in the Alternative Dispute Resolution System
Dispute ResolutionGeneral
Although English courts, in general, have been encouraging Alternative Dispute Resolution (ADR) in all its forms, the lawyers’ community in England and Wales, it is believed, would appreciate that the...Read more
Portrait image of Anna Lefcovitch
Anna Lefcovitch
Solicitor, Arcadis, UK
Bilateral Investment Treaties and Amendments to the Corresponding Private Investment Contracts are Long Overdue: They Fail to Cater for the Interests of Both Investors and Beneficiaries
ContractBanking & Finance
Revised policies for drafting bi-lateral investment agreements and investment contracts as products of these agreements are long overdue. By the same token, a reflection on the attitudinal changes on the...Read more
Portrait image of Anna Lefcovitch
Anna Lefcovitch
Solicitor, Arcadis, UK
When a Settlement Agreement May Unsettle Everything
Dispute ResolutionConsultant
Manifold are the functions of law; one of the functions of law practitioners is to guide their clients in their best interests bearing in mind that clients know their cases...Read more
Portrait image of Anna Lefcovitch
Anna Lefcovitch
Solicitor, Arcadis, UK
CAPE DISTRIBUTION LTD v CAPE INTERNATIONAL HOLDINGS PLC How a Parent Company May be Held Liable in Torts for the Negligence of its Subsidiaries
NegligenceUniversity
Interestingly enough, despite the fact that over the years the English Courts have handed down a considerable number of judgments on the issue of the extent of liabilities that a...Read more
Portrait image of Anna Lefcovitch
Anna Lefcovitch
Solicitor, Arcadis, UK
Decisions of ICSID Tribunals on Procedural Issues may not be confused with their Awards
ArbitrationGeneral
The fnality of arbitral awards rendered by tribunals constituted under the International Convention on Settlement of Investment Disputes (ICSID), 1965 have on many occasions been misconceived. ICSID awards can be...Read more
Portrait image of Anna Lefcovitch
Anna Lefcovitch
Solicitor, Arcadis, UK
Recognition and Enforcement of Arbitral Awards: How Effective is Article V of the New York Convention of 1958?
ArbitrationGeneral
It is precisely fifty-eight years ago that the Convention on Recognition and Enforcement of Foreign Arbitral Awards (otherwise known as the New York Convention) was concluded. Since then the global...Read more
Portrait image of Anna Lefcovitch
Anna Lefcovitch
Solicitor, Arcadis, UK