Podcast Location:
Download it here [file size: 39.4 MB]
Part of:
New Cases on Commercial Contracts CPD Training Bundle
Categories:
Corporate & Commercial Law
Litigation & Dispute Resolution
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This CPDcast is aimed at commercial litigation practitioners. It explains the applicable legal principles regarding contractual certainty and how these were applied in MRI Trading v Erdenet Mining Corporation.

It also discusses the courts’ willingness to consider the wider context in which the contract is entered into when determining the enforceability of a contractual term and sets out the circumstances in which an arbitration decision may be appealed.

Outcomes:
After completing the course you will:
  • Be aware of the principles regarding contractual certainty;
  • Understand how the question of uncertainty was approached in MRI Trading AG v Erdenet Mining Corporation ;
  • Understand the circumstances in which an arbitration decision may be appealed;
  • Know the practical steps that practitioners can take when drafting an agreement to avoid a term being rendered enforceable by uncertainty.
Level:
Specialist Difficulty: 5 of 5
Classification:
Case Update
Legal Principles
Sources and References:
  • Arbitration Act 1996;
  • Barbudev v Eurocom Cable Management Bulgaria Eood & Others [2012] EWCA Civ 548;
  • BJ Aviation Ltd v Pool Aviation Ltd [2002] EWCA Civ 163;
  • Investors Compensation Scheme v West Bromwich Building Society [1997] UKHL 28;
  • Mamidoil-Jetoil Greek Petroleum Company SA v Okta Crude Oil Refinery AD [2001] 2 Lloyd’s Rep 76;
  • MRI Trading AG v Erdenet Mining Corporation LLC [2013] EWCA Civ 156;
  • Walford v Miles [1992] 1 All ER 453.
Tags:

After successfully appearing in MRI Trading AG v Erdenet Mining Corporation, Matthew Cook from One Essex Court discusses the issues surrounding what are commonly referred to as “agreements to agree” and the parameters surrounding contractual enforcement in light of MRI Trading.

Date Recorded: 13th June 2013

NEW! TRANSCRIPT INCLUDED IN ADDITIONAL INFORMATION

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