Indian international arbitration e-bulletin *

India - March 27 2013
Welcome to our latest India International Arbitration ebulletin. In this edition, we look at two encouraging pro-arbitration decisions from the…

Co-authors: Justin D'Agostino, Murray Rosen QC, Nicholas Peacock, Ann Levin, Alastair Henderson.

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Stop press: Indian Government declares China (including the Hong Kong SAR) as a territory to which the New York Convention applies *

China, Hong Kong, India - April 10 2012
The Indian Government has declared that China (including the Hong Kong SAR) is a territory to which the New York Convention applies under the Indian Arbitration and Conciliation Act 1996 ("the Act").

Co-authors: Justin D'Agostino, Nicholas Peacock.

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Securing a tax deduction for the costs of defending a criminal prosecution *

United Kingdom - February 10 2012
The costs of defending a criminal prosecution are capable of being deducted in computing profits of a trade following the House of Lords decision in McKnight v Sheppard but a recent First Tier Tribunal decision in Mr A Raynor (deceased) and Mrs B C Raynor and The Commissioners for Her Majesty's Revenue and Customs (Income Tax) has departed from that decision, by making a contrary determination of the facts.

Co-authors: Robert Hunter, Graham More, Heather Gething.

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The Court of Appeal rules on the arbitrability of shareholders claim *

United Kingdom - September 8 2011
The question of the extent to which parties may agree to submit intra-corporate disputes, in particular claims under company legislation, to arbitration, has long created uncertainty.

Co-authors: Pamela Kiesselbach, Craig Tevendale.

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West Tankers: the saga continues – has West Tankers found a way around the ECJ's judgment, enabling it to frustrate the Italian proceedings that it earlier failed to injunct? *

European Union, Italy, United Kingdom - April 20 2011
On 6 April 2011, in the latest instalment of the West Tankers dispute, the Commercial Court in London upheld an earlier order for enforcement of a declaratory award which found that West Tankers Inc ("West Tankers") had no liability to Allianz SpA and Generali Assiurazione Generali SpA (the "Insurers"), who are currently pursuing court proceedings against West Tankers in Italy.

Co-authors: Helen Tang, Paula Hodges, Iain Maxwell, Matthew Weiniger, Craig Tevendale.

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