How can you ensure risk allocation appropriately meets your needs as a business? What liability caps should be subject to exceptions? Do the indemnities reallocate risk in the way you intend?
These are all essential questions to consider when looking at contractual provisions dealing with liability and indemnification in outsourcing, technology and transitional services agreements. A number of recent cases have had an impact on such provisions, and there have also been changes in industry norms. Businesses need to be aware of these developments when negotiating optimal liability and indemnification regimes in such contracts.
Publication
On 24 October 2024, the Court of Justice of the European Union (CJEU) confirmed that the European Commission’s (the EC) 2009 decision, which imposed a (then record) €1.06 billion fine on Intel, was flawed as far as it found that loyalty rebates granted by Intel had anti-competitive effects.
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The Dutch tax classification system for non-Dutch entities will undergo significant changes as of 1 January 2025.
Publication
In King Crude Carriers SA & Ors v Ridgebury November LLC & Ors [2024] EWCA Civ 719 the Court of Appeal held that the claimant sellers (the Sellers) were entitled to claim the deposits promised under sale contracts as a debt despite the defendant buyers’ (the Buyers) breach of contract, which had resulted in the non-fulfilment of a condition precedent to the payment of the deposits.
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