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Product liability—contractual provisions—checklist

Product liability—contractual provisions—checklist This checklist sets out the key issues for consideration when drafting contractual provisions for business to business contracts concerning product safety and liability. See Practice Note: Product liability risk management for producers for further information on how businesses can manage risk before making new supply arrangements including undertaking appropriate due diligence on other relevant businesses in the supply chain. • Identify all relevant laws (eg Sale of Goods Act 1979, Sale and Supply of Goods Act 1994, Consumer Protection Act 1987, General Product Safety Regulations 2005, SI 2005/1803, Consumer Rights Act 2015 and Digital Markets, Competition and Consumers Act 2024), standards, codes of practice (etc) that apply to the products. Consider specific laws that apply to the manufacturing, import and sale of certain products such as fireworks, cosmetics, toys, pharmaceuticals and medical devices, personal protective equipment (PPE), gas appliances, food and animal feed, and automotive. See Practice Notes: Consumer protection for defective or dangerous products—legal bases, Product liability and defective products and General Product Safety Regulations 2005—Offences...

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Arbitration agreements—definition, purpose and interpretation

This Practice Note considers the nature and scope of arbitration agreements with a particular focus on arbitration agreements pursuant to the law of England and Wales, although it also discusses the concept from an international perspective and includes some comparative examples from other jurisdictions. For an introduction to arbitration as a method of dispute resolution, see the following Practice Notes:•Arbitration—an introduction to the key features of arbitration•International arbitration—an introduction to the key features of international arbitration•Ad hoc arbitration—an introduction to the key features of ad hoc arbitration•Institutional arbitration—an introduction to the key features of institutional arbitrationTo compare the answers to key questions relating to arbitration agreements in jurisdictions around the world, please see our International Comparator Tool.Note: In this Practice Note, the discussion concerns agreements to submit future disputes to arbitration unless otherwise indicated.What is an arbitration agreement?The arbitration agreement is often referred to as the ‘foundation stone’ of arbitration as it is, generally speaking, a method of dispute resolution based on mutual party consent to arbitrate future or current...

Arbitration agreements—content

This Practice Note considers the content of the arbitration agreement with particular focus on the position under English and Welsh law (England and English are used as shorthand throughout).This Practice Note should, in particular, be read in conjunction with Practice Notes: Arbitration agreements—definition, purpose and interpretation and Arbitration agreements—the in writing requirement. Further Practice Notes on arbitration agreements are also available in the ‘Related documents’ pod.Contractual requirements for arbitration agreementsUnder English law, an ‘arbitration agreement’ must be made in accordance with usual contractual principles (Mustill & Boyd, Commercial Arbitration, Second Edition, 2001 Companion, ³ÉÈËÓ°Òô®, page 263; Black Sea Commodities v Lemarc Agromond). Compliance with such principles will be determined by the law applicable to the arbitration agreement (about which see below). In Black Sea Commodities v Lemarc Agromond, the court was clear that the doctrine of separability of the arbitration agreement did not alter that general position. It is not possible for an arbitration agreement to be deemed agreed if there was no consensus ad idem to the contract in...

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Transport and Maritime Arbitration Rotterdam—Amsterdam (TAMARA) model arbitration clause

The Transport and Maritime Arbitration Rotterdam-Amsterdam (TAMARA) model arbitration clause is as follows.

China Maritime Arbitration Commission (CMAC) model arbitration clause

China Maritime Arbitration Commission (CMAC) model

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Swiss Court confirms award declining jurisdiction over third-party beneficiary (A. Ltd v B. JSC and C. LLC)

Arbitration analysis: One shareholder (A. Ltd or ‘A’) sued another (B. JSC or ‘B’) for breach of a shareholders’ agreement before the Swiss Arbitration Centre. Soon thereafter, the shareholders’ joint-venture company (C. LLC or ‘C’) sued A in a Latvian court, asserting rights under the shareholders’ agreement, even though it was not a signatory thereto. Shareholder A subsequently requested the tribunal to join C as a party to the arbitration and order it to stop pursuing the Latvian state court proceeding. The arbitral tribunal declined jurisdiction over C and dismissed A’s requests. The Swiss Federal Court confirmed the award. The court considered itself bound by the arbitrators’ factual finding that the two shareholders did not intend non-signatory C to be a third-party beneficiary. The court therefore did not need to address the still unsettled question whether such a beneficiary could be compelled to arbitrate. The court also found that C (even though it had asserted rights under the shareholders’ agreement in a Latvian court) had not manifested an intent to...

Arbitration weekly highlights—1 May 2025

This week's edition of Arbitration weekly highlights includes: coverage of arbitration-related decisions from England & Wales, Hong Kong, Singapore, France, and the USA; updates from the LCIA, LMAA, SIAC, SCCA, SVAMC, AAA and P.R.I.M.E. Finance; news on Swiss arbitration and analysis of how international arbitration could factor in tariff dispute resolution. All this, and more, in our weekly highlights.