We use cookies to customise content for your subscription and for analytics.
If you continue to browse Lexology, we will assume that you are happy to receive all our cookies. For further information please read our Cookie Policy.
Lexology logo
  Request new password

Search results

Order by most recent / most popular / relevance

Results: 1-10 of 19

Arbitration clause covers disputes about future claims

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 14 2009

In Secretary of State for Transport v Stagecoach South Western Trains Ltd 2009 EWHC 2431, the High Court decided that a dispute over the method of calculation of future payments under a franchise agreement came within the relevant arbitration clause

Court of Appeal clarifies the scope of the West Tankers decision

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • 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

Recognition and enforcement of international arbitration awards

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • August 5 2009

There have been a number of recent cases considering the jurisdiction of the English courts and the enforcement of foreign arbitration awards

Arbitration and insolvency

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • August 7 2009

In Josef Syska (Administrator of Elektrim SA (in bankruptcy) and Elektrim SA (in bankruptcy) v Vivendi Universal SA & Others 2009 EWCA Civ 677 the main question to be decided by the Court of Appeal was whether, when an arbitration is proceeding in one Member State of the European Union, in this case the UK, and one of the parties to the arbitration becomes insolvent in another Member State, in this case Poland, the consequences of that insolvency, in so far as they affect the arbitration, are to be determined by the law of the Member State where the insolvency proceedings have been instituted or the law of the Member State in which arbitration is taking place

English High Court rules on application of pre-action disclosure to potential arbitration disputes

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 13 2010

In Travelers Insurance Company v Countrywide Surveyors Ltd 2010 EWHC 2455 (TCC), the High Court held that it had no jurisdiction to order pre-action disclosure where the potential dispute between the parties was subject to an arbitration agreement

Appointment of arbitral tribunal by English court

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • August 12 2010

In Chalbury Mccouat International Ltd v. P.G. Foils Ltd 2010 EWHC 2050 (TCC) a dispute had arisen between Chalbury, an English company, and Foils, an Indian company, under a contract between Chalbury and Foils for the dismantling of a manufacturing plant in the Netherlands

Incorporation of arbitration clauses by general words

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • February 1 2010

Habas Sinai Ve Tibbi Gazlar Isthisal Endustri As ("Habas") v Sometal S.A.L. 2010 EWHC 29 (Comm) concerned an application to set aside an interim final award on jurisdiction and costs made by an arbitral tribunal by which the tribunal accepted jurisdiction to entertain a claim made by Sometal S.A.L. for breach of contract

High Court confirms anti-suit injunction to protect an English arbitration clause

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • April 28 2010

In AES Ust-Kamenogorsk Hydropwer Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC 2010 EWHC 722 (Comm) the High Court ruled that it had jurisdiction to grant declarations and continue an anti-suit injunction to protect an arbitration clause in a contract between two Kazakhstani companies, AES Ust-Kamenogorsk Hydropwer Plant LLP (AESUK) and Ust-Kamenogorsk Hydropower Plant JSC (JSC

High Court provides clarity on time limits in arbitration clauses

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • October 27 2010

In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd 2010 EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer's liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned

High Court rules that any issue covered by a tribunal's terms of reference cannot be adjudicated in a subsequent arbitration

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • February 4 2010

In LIDL v Just Fitness Ltd 2010 EWHC 39 (Ch) the Court was asked to decide whether an arbitrator had jurisdiction to determine a particular issue in a dispute, which was alleged to have been addressed in a previous arbitration