speaking on the subject:
Common Sense or Commercial Nonsense?
Kim will be discussing the perennial problem of contractual interpretation in the light of the recent Supreme Court decisions in:
· Rainy Sky v Kookmin Bank
· Arnold v Britton
· Wood v Capita Insurance
And the current tension between a contract’s commercial purpose and the meaning of the words used to express it. As prominent member of the Court of Appeal said in a recent key note speech, ‘I thought we looked at the words then worked out what they meant’. But recent developments suggest there may be more to it than that.’
Kim Franklin QC is a specialist international lawyer, in the construction, engineering and infrastructure sectors, focussing on the resolution of disputes arising from complex projects in international arbitration. She acts as counsel in the UK Construction and Appeal Courts, including the Privy Council (Supreme Court) and in the Caribbean. Kim has conducted numerous ICC and DIAC arbitrations in the UK, the UAE and GCC countries. She acts as party appointed arbitrator and Tribunal Chair and also acts as Construction Adjudicator for complex UK disputes.