Claims in contract and tort in English law

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For more guidance on claims, causes of action and remedies in English law beyond the Practice Notes below, see the Dispute Resolution module.

Contract interpretation

Interpreting contracts—the guiding principles

This Practice Note summarises the principles applied when interpreting the meaning of contracts, starting with Lord Hoffman’s dicta in Investors Compensation Scheme, ie the objective test (reasonable person), the relevance of background knowledge and the factual matrix, the exclusion of previous negotiations and subjective intent, and the natural and ordinary meaning of words and the specific words used.

See Practice Note: Contract interpretation—the guiding principles.

Rules of contract interpretation

This Practice Note considers key cases (Rainy Sky v Kookmin, Arnold v Britton, Wood v Capita) and specific rules including: whole of the document relevant, commercial common sense (business common sense), avoiding an unreasonable result, saving the document, consistency of terms, standard and printed terms and general and special conditions, mistakes, contra proferentem, ejusdem generis and NOM clauses (No Oral Modification Clauses).

See Practice Note: Contract interpretation—rules of contract interpretation.

Contract

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Latest Arbitration News

Post-hearing delay and the Public Policy Threshold in Arbitration (Lancor Holdings Ltd v Prem Kumar Menon)

Arbitration analysis: In Lancor Holdings Ltd v Prem Kumar Menon, the Supreme Court of India held that while mere delay in rendering an arbitral award is not an independent ground for setting it aside under Section 34 of the Arbitration and Conciliation Act, 1996, an inordinate and unexplained delay that materially affects the reasoning or renders the award unworkable may vitiate it on grounds of patent illegality or conflict with public policy. The court found that a nearly four-year post-hearing delay, coupled with contradictory reasoning and loss of adjudicatory coherence, defeated the fundamental objectives of arbitration - finality, fairness, and efficiency. Invoking its powers under Article 142 of the Constitution of India to avoid remanding a 16-year-old dispute to fresh arbitration, the court upheld the validity of the sale deeds executed by the developer but directed forfeiture of ₹10 crore in favour of the landowners as a condition for the developer reclaiming its contractual share. The ruling underscores that procedural legitimacy and timeliness are integral to arbitral justice, refining public policy review as limited safeguard against systemic arbitral failure rather than a vehicle for merits reappraisal. Practical implications written by Prasanth Raju of Chambers of Prasanth Raju.

Commentary—international arbitration experts discuss the use of an AI arbitrator for construction arbitrations

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Switzerland - Revision of an arbitral award influenced by forgeries and fraud (A.________ v B.________, 4A_268/2025)

Arbitration analysis: In a judgment dated 22 October 2025 (4A_268/2025), the Swiss Federal Tribunal granted an application for revision of an international arbitral award rendered by the Court of Arbitration for Sport (CAS 2018/O/5735), holding that the award had been influenced, to the detriment of the player, by criminal offences committed by his former agent. The criminal courts had established that the agent had submitted forged contracts and a fabricated email in order to mislead the sole arbitrator and obtain payment of an undue commission. Relying on Article 190a(1)(b) of the Swiss Private International Law Act (PILA), the Federal Tribunal set aside the award and remitted the case to the CAS. The decision is exceptional in Swiss arbitration practice, where successful revisions of arbitral awards based on criminal conduct remain extremely rare. It underscores the decisive evidentiary role played by criminal proceedings—particularly where criminal authorities, unlike arbitral tribunals, can rely on coercive powers and international mutual legal assistance to uncover fraud. More broadly, the judgment confirms that Swiss law provides an effective mechanism to ensure that arbitration cannot be instrumentalized as a vehicle for criminal misconduct. Written by Pierre Ducret, CMS Switzerland, counsel to the player before the Swiss Federal Tribunal, and in all related proceedings.

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