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Delaware court: right to advancement of defense costs for defamation suit can be modified based on changes in factual circumstances
- Edwards Wildman Palmer LLP
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- USA
- -
- July 28 2009
In a short letter-to-counsel opinion, Vice Chancellor John Noble of the Delaware Chancery Court held that a prior order granting advancement to two officers and directors can be modified based on changes in factual circumstances
AIRROC launches expedited binding arbitration procedure for small claims
- Edwards Wildman Palmer LLP
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- USA
- -
- October 9 2009
The Association of Insurance and Reinsurance Run-Off Companies ("AIRROC") has announced the formal launch of the Dispute Resolution Procedure ("DRP"), an expedited binding arbitration procedure especially designed for small and less-complicated claims
The problem of piracy reaches the English High Court
- Edwards Wildman Palmer LLP
- -
- United Kingdom
- -
- July 2 2010
The case of Cosco Bulk Carrier Co. Ltd v Team-Up Owning Co. Ltd 2010 EWHC 1340 (Comm) was an appeal to the High Court of a decision by an arbitration panel
Can the right to appeal an arbitration award under the Arbitration Act 1996 be excluded?
- Edwards Wildman Palmer LLP
- -
- United Kingdom
- -
- August 18 2009
In Shell Egypt West Manzala GmbH & Others v Dana Gas Egypt Limited (formerly Centurion Petroleum Corporation) 2009 EWHC 2097 (Comm) Dana Gas Egypt Limited (Dana) submitted that the court had no jurisdiction to hear Shell's application for permission to appeal, allowed under section 69(1) of the Arbitration Act (the Act), or any substantive appeal because of the phrase "final, conclusive and binding" in the relevant arbitration clause
The effect of an arbitration agreement in an insurance policy
- Edwards Wildman Palmer LLP
- -
- Hong Kong
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- March 30 2010
The recent High Court judgment in Rondabosh International Ltd v China Ping An Insurance (Hong Kong) Co Ltd 2009 HKEC 2103 demonstrates the effect of an arbitration agreement in an insurance policy
Fifth Circuit affirms denial of request for discovery for use in a private international arbitration proceeding pursuant to 28 U.S.C. 1782
- Edwards Wildman Palmer LLP
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- USA
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- September 2 2009
In a decision filed August 6, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a request under 28 U.S.C. 1782 for discovery for use in a private international arbitration proceeding
New York federal court vacates arbitration award based on evident partiality
- Edwards Wildman Palmer LLP
- -
- USA
- -
- April 26 2010
Scandinavian Reinsurance Company Limited (“Scandinavian Re”) and St. Paul Fire & Marine Insurance Company, St. Paul Reinsurance Company, Ltd. and St. Paul Re (Bermuda) Ltd. (collectively “St. Paul”) entered into a retrocessional agreement under which St. Paul ceded a portion of its casualty reinsurance portfolio to Scandinavian Re
Commercial Court upholds tribunal award limiting recovery under business interruption policy
- Edwards Wildman Palmer LLP
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- United Kingdom
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- June 16 2010
The Commercial Court has upheld an arbitration award on business interruption insurance that used a "but for" approach to causation with the effect of limiting recovery by the insured
Seventh Circuit rules that challenge to a replacement arbitrator must be made at the time of the appointment and not at the conclusion of the arbitration
- Edwards Wildman Palmer LLP
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- USA
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- September 10 2009
In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge
English Commercial Court considers challenge to an arbitration award
- Edwards Wildman Palmer LLP
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- United Kingdom
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- July 23 2010
In B v A 2010 EWHC 1626 (Comm), Mr Justice Tomlinson was asked to determine a preliminary issue concerning whether the claimant (B) had a realistic prospect of challenging an arbitration award (the Award) under sections 67 and 68 of the Arbitration Act 1996 (the Act
