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Dispute Resolution for Hedges

London, September 2010

Gains and losses under litigation

Two decisions handed down earlier this year have provided commodities markets with a strong message that the English Court (at least) has broadened its approach and is now willing to consider hedged positions in assessing damages under hedged commodities contracts. Will the English Court take into account gains or losses under a hedging contract when assessing recoverable damages under a physical contract?

By Brian Perrott & Alice Paterson

 

 


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