Practical Law

The role of pre-contractual negotiations in contractual disputes is a much debated topic. Every English lawyer knows that, as a general rule, these materials, usually comprising of previous drafts and discussions, are not relevant to matters of interpretation (see for example Chartbrook Ltd v Persimmon Homes Ltd). There are limited exceptions to this rule, such … Continue reading Pre-contractual negotiations: strategic use in international arbitration →

In the past 20 years, offshore firms and investors have piled into emerging markets. In many cases, these offshore investors enter into a partnership or joint venture with a local entity for regulatory or commercial reasons, and the relevant partnership or investment agreements often contain arbitration clauses, particularly in Asia Pacific, because of concerns with the … Continue reading What to do when your offshore investment or joint venture goes bad? →