When a party fails to comply with a condition precedent, especially if such a provision includes a time limit for the fulfilment of the obligation, it will often advance various arguments to avoid the ...

In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors 1, handed down last month, the English Court of Appeal considered the principle in Mackay v Dick & Stevenson 2. The principle, famously ...

"In sum, the mediation clause at issue is not a condition precedent to initiating litigation and therefore the case shall not be dismissed on that basis," the court said. In a dispute over a mediation ...