Offshore Litigation Blog

The well-established Ralli Bros principle is an exception to the general rule that the enforceability of a contract governed by English law is determined without reference to illegality under foreign law. Under this principle, a contract shall not be enforced if the performance of it is unlawful in the place of performance. In the recent judgment of Litasco SA v Banque El Amana SA, the High Court of England clarified that ’unlawful’ does not cover breaches of foreign court orders.

The English Court of Appeal’s decision in Khan v D’Aubigny is a must-read for litigators, tackling the perennial issue of valid service—whether under common law, contract, or statute. Though arising in a landlord-tenant context, the ruling offers guidance across all litigation, clarifying section 7 of the Interpretation Act 1978 (IA 1978), the common law presumption of service, and what qualifies as a “notice”.

The recent Singapore Court of Appeal case of DEM v DEL offers significant insights into the complexities surrounding arbitration awards, particularly concerning infra petita challenges (failure by a judge or arbitrator to consider a claim or essential issue) when the appellant is a non-participating party in the underlying arbitration.

A decision looms for BVI law on the rules for determining the governing law as to the validity, scope and interpretation of arbitration agreements.

When a contract lacks an express choice of governing law, determining the applicable legal framework can feel like navigating uncharted waters. Case law underscores the need to carefully map the differing approaches across common law jurisdictions. This first blog in a two-part series examines governing law in contractual claims.

The BVI court recently handed down its judgment in Strong Fort Global v Solar Achiever Limited, Concept Pioneer Limited and Harkom Corporate Services. This matter revolved around the central issue of whether an al…

In the recent decision of Anheuser-Busch International Inc. et al. v Commonwealth Brewery Ltd, the Bahamas Court of Appeal held that a three-to-six-month range was reasonable notice for termination of an informa…

The extent and fairness of restrictive covenants in employment contracts came under the spotlight in the UK Supreme Court’s much-anticipated recent decision in Tillman (Respondent) v Egon Zehnder Ltd (Appellant) - the first case of its nature to reach Supreme Court level in England for more than a 100 years.

So said Martin Griffiths QC (sitting as Deputy High Court Judge) in the recent case of The Beans Group Limited v MyUniDays Limited, in which the English High Court has revisited the tort of inducement of breach of contract.