Publication
International arbitration report
In this edition, we focused on the Shanghai International Economic and Trade Arbitration Commission’s (SHIAC) new arbitration rules, which take effect January 1, 2024.
Commercial division update: Reformation of contract based on mutual mistake
New York Law Journal
United States | Publication | January 2024
This column focuses on the first ground for seeking reformation, mutual mistake and addresses recent Commercial Division decisions that have struggled with that issue. A mutual mistake exists where the contractual language does not reflect the parties’ meeting of the minds in some material respect. To prevail on a reformation claim based on mutual mistake, the party advancing the claim must prove a mutual mistake by both parties that resulted in either (1) an omission of an agreed upon provision or (2) the addition of a provision not agreed upon. Slutzky v. Gallati, 97 A.D.2d 561, 561 (3d Dep’t 1983).
In this update, Thomas J. Hall and Judith A. Archer discuss the first ground for seeking reformation, mutual mistake and addresses recent Commercial Division decisions that have struggled with that issue.
Read the full New York Law Journal article, "Commercial division update: Reformation of contract based on mutual mistake."
Recent publications
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2nd Circuit defers to executive will on application of sovereign immunity
The Second Circuit recently held that federal common law protections of sovereign immunity did not preclude prosecution of a state-owned foreign corporation.
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Key takeaways from the G7 Competition Summit on Artificial Intelligence
Facing the fast-growing development of AI across the globe, particularly Generative AI (GenAI), the G7 competition authorities and policymakers (Canada, France, Germany, Japan, Italy, the UK and the US) and the European Commission met in Italy on 3-4 October 2024 to discuss the main competition challenges raised by these new technologies in digital markets.
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