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High Court judge sets aside arbitration award because of irregularity and unfairness
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 16 2008
The recent case of Van Der Giessen-de-Noord Shipbuilding Division B.V. v Imtech Marine & Offshore B.V. 2008 EWHC 2904 concerned the challenge to an arbitration award arising out of a marine construction dispute
Notice of approximate redelivery date by time charterer does not give rise to promissory estoppel and prevent subsequent change
- Edwards Wildman Palmer LLP
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- United Kingdom
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- April 27 2009
In IMT Shipping & Chartering GMBH v Chansung Shipping Co Ltd, owners of Zenovia 2009 EWHC 739 (Comm), the appellant time charterer appealed against the decision of arbitrators concerning the status and effect of a notice of approximate redelivery date given by the charterer to the respondent ship owners
English Commercial Court explores scope of the West Tankers decision
- Edwards Wildman Palmer LLP
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- United Kingdom
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- April 16 2009
In National Navigation Co v Endesa Generacion SA 2009 EWHC 196 (Comm) a shipowner, National Navigation Co (National) made two applications to the English court in relation to a dispute with a Spanish electricity company, Endesa Generacion SA (Endesa
Court of Appeal clarifies the scope of the West Tankers decision
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 22 2009
In National Navigation Co v Endesa Generacion SA 2009 EWCA Civ 1397 the Court of Appeal overturned the first instance judgment of Mrs Justice Gloster and held that the English court was bound by an earlier decision of the Spanish court to the effect that no arbitration clause was incorporated into the relevant contract
Court orders party to pay attorney’s fees and costs related to opposing party’s motion to confirm arbitral award
- Edwards Wildman Palmer LLP
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- USA
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- April 1 2009
Rhonda Enterprises S.A. (“Rhonda”), a vessel owner, entered into a charter party agreement with certain charterers, Projector S.A. and Projector Asia Pte. Ltd for the carriage of goods from Taiwan to Singapore (collectively, “Projector”
The problem of piracy reaches the English High Court
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
Recent Court of Appeal decision further cements "West Tankers" into English law
- Edwards Wildman Palmer LLP
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- European Union, United Kingdom
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- May 12 2010
In our August 2009 edition of the Commercial Litigation Review View, we analysed the decision of the European Court of Justice (ECJ) in West Tankers in which it was held that the courts of a Member State first seised must decide whether they have jurisdiction despite an arbitration agreement between the parties (and so the English courts cannot grant an anti-suit injunction to restrain proceedings in that Member State
Supreme Court holds that class arbitration cannot be imposed on a party whose arbitration agreement is silent on the issue
- Edwards Wildman Palmer LLP
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- USA
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- May 18 2010
The Supreme Court recently held that shipping companies could not be compelled to participate in class arbitration of their customers' price fixing claims when the parties had not agreed to class arbitration
English High Court rules on permissibility of an appeal against an arbitral award on a point of foreign law
- Edwards Wildman Palmer LLP
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- United Kingdom
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- November 18 2010
In Guangzhou Dockyards Co Ltd v ENE Aegialii 2010 EWHC 2826 (Comm), Mr Justice Blair dismissed an application which had sought to appeal against an arbitration award on an issue of fact
The decision is final: English High Court rules that there can be no appeal against arbitration awards on issues of fact
- Edwards Wildman Palmer LLP
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- United Kingdom
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- March 9 2011
In Guangzhou Dockyards Co Ltd v ENE Aegialii 2010 EWHC 2826 (Comm), the High Court recently upheld the well-established principle that under English law, appeals against arbitral awards cannot be made on issues of fact
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