Court of Appeal confirms role of commercial common sense in contract interpretation
On 26 April 2023, the Court of Appeal handed down judgment in ASSIA v BT [2023] EWCA Civ 451 which considered the correct interpretation of a patent laundering clause in a global patent cross-licence entered into as part of a settlement of global patent litigation between BT and ASSIA. Gideon Shirazi (led by Nicholas Saunders […]
16th May 2023
London International Disputes Week 2023
London holds international appeal as a global centre for dispute resolution – whether through its courts or by arbitration, mediation, expert determination or negotiation – built upon a rich tradition of English law dating back to the Magna Carta. London International Disputes Week (LIDW) celebrates London as a leading centre for handling international dispute resolution […]
Important TCC case about payment provisions in JCT contracts and Hutton v Wilson
On 30 March 2023, the TCC (Constable J) handed down judgment in Elements v FK Building [2023] EWHC 726 (TCC). Jonathan Lewis KC and Gideon Shirazi acted for the successful subcontractor. Elements was a subcontractor of FK Building for a modular construction project in Salford under a JCT SBCSub/C 2016 form (“the JCT Subcontract”). The […]
13th April 2023
4 Pump Court recognised in The Legal 500 Europe, Middle East & Africa Guide 2023
15 members of Chambers have been recognised for their work in the Middle East region spanning across the areas of commercial and construction. For commercial, Laurence Page is ranked tier 1 and Gideon Shirazi is ranked tier 2. For construction, 4 Pump Court has again been ranked a tier 1 leading set. Legal 500 highlight […]
12th April 2023
4 Pump Court recognised in the Legal 500 Asia Pacific 2023 Guide
4 Pump Court is pleased to again be recognised for our work in the Asia Pacific region in the newly published Legal 500 Asia Pacific 2023 Guide. As a set, we have been ranked tier 1 for ‘construction, energy and infrastructure’ and tier 2 for ‘shipping and commodities’. 8 members have been commended across the […]
20th January 2023
TCC rules on arbitrability of adjudication enforcement disputes and notices of dissatisfaction- Gideon Shirazi
In Sefton MBC v Allenbuild [2022] EWHC 1443 (TCC), the TCC handed down judgment giving the latest word in the debate around the arbitrability of adjudication enforcement. Gideon Shirazi acted for Allenbuild. In 2005, Sefton MBC engaged Allenbuild under an NEC2 contract to build a waterpark known as Dunes Splash World. Over 12 years later, […]
26th August 2022
TCC ruling on the S&T rule- AM Construction v The Darul Amaan Trust [2022] EWHC 1478 (TCC
In AM Construction v The Darul Amaan Trust [2022] EWHC 1478 (TCC), the TCC gave judgment on an adjudication enforcement dispute involving the rule in S&T v Grove and issues around the delivery of a notice of adjudication. Gideon Shirazi acted for the successful contractor obtaining negative declarations about enforcement. The S&T rule In S&T […]
11th August 2022
Commercial Court clarifies requirements for appointing arbitrators in ARI v WXJ [2022] EWHC 1543 (Comm) – James Leabeater KC and Gideon Shirazi
In ARI v WXJ [2022] EWHC 1543 (Comm) Foxton J considered when an arbitrator is validly appointed under English arbitration law. James Leabeater KC and Gideon Shirazi acted for the party pseudonymised as WXJ. The facts of the case were that an LMAA arbitration clause required the arbitration respondent to appoint an arbitrator within a […]
25th July 2022
First English judgment on patent laundering in ASSIA v BT [2022] EWHC 1707 (Ch)- Gideon Shirazi
In ASSIA v BT [2022] EWHC 1707 (Ch), Falk J gave the first English judgment interpreting a patent laundering clause. Gideon Shirazi (with Nicholas Saunders KC of Brick Court) acted for the successful party, BT. Patent laundering clauses are clauses a type of clause commonly found in patent licences, especially those licensing use in the […]
22nd July 2022
US Supreme Court restricts §1782 for foreign seated arbitrations
In a case which will be of great interest to clients and arbitration practitioners globally, the United States Supreme Court today handed down its decision in ZF Automotive US, Inc. v Luxshare on the powers that US federal district courts can exercise under 28 U.S.C. §1782 to order discovery in support of foreign arbitrations. 28 […]
13th June 2022
SCL event review: Restraining Contract Termination by Injunction
Jacob Haddad, our second six pupil, summarises the key points from the recent SCL IT Disputes group webinar held on 25 February 2022. Gideon Shirazi was on the panel discussing issues which commonly arise in applications for interim injunctive relief which seek to prevent a party from terminating an IT contract.
11th April 2022
Tech Disputes Network: Head in the clouds – Gideon Shirazi
Use of Digital and Cloud has exploded as a result of the pandemic. This holds significant implications for users, providers and buyers. TDN’s multi-discipline panel will be considering some common thorny areas in Cloud transactions and solutions including migration, cyber-risk, data, privacy and cloud services. Wednesday 13 April, 18:30 – 21:30 BST Speakers will be: […]
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