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Results: 1-10 of 17

Arbitration in England: major court decisions of 20112012

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 5 2012

This newsletter provides a snapshot of some of the key English judgments of 2011 and 2012 of interest to those involved, or potentially involved, in international arbitrations seated in London and therefore procedurally governed by English law

English High Court upholds two challenges to jurisdiction

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • March 22 2013

The English High Court has recently set aside two arbitration awards under section 67 of the Arbitration Act 1996 (1996 Act) on the grounds of lack

OIC Investment Treaty investor protection in the Islamic world

  • Herbert Smith Freehills LLP
  • -
  • Libya, Middle East, Oman, Pakistan, Saudi Arabia, Syria, United Arab Emirates, United Kingdom
  • -
  • September 28 2012

One of the key considerations when looking at overseas investment, particularly in the emerging markets, is the protection that the foreign investor will have from state expropriation of the investor’s assets and from other interference in the investment

Turville v Chartis and the “arbitration clause” that wasn’t

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • November 8 2012

A clause providing for loss to be assessed under an insurance policy by way of a so-called “arbitration” procedure was held to be non-compliant with the Arbitration Act 1996 and therefore not a genuine arbitration clause

Dispute resolution clauses and the importance of drafting

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • May 14 2010

A dispute resolution clause is an agreement within a contract which sets out the mechanism for the resolution of disputes between the contractual parties

The competence-competence doctrine and the enforcement of arbitral awards

  • Herbert Smith Freehills LLP
  • -
  • Pakistan, United Kingdom
  • -
  • January 25 2011

In our January 2009 newsletter, we reported on the English High Court judgment in Dallah Real Estate & Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan

“West Tankers” saga continues: court rejects tribunal’s finding that it did not have jurisdiction to award damages for breach of an obligation to arbitrate

  • Herbert Smith Freehills LLP
  • -
  • European Union, United Kingdom
  • -
  • April 18 2012

In the most recent of a long running series of decisions arising from a collision between the Appellant’s vessel, the “Front Comor”, and a Sicilian pier owned by the vessel’s charterers, the English court has found that the majority of the tribunal was wrong to decline jurisdiction over a claim for equitable damages for breach of an arbitration clause

High Court rejects challenge to an arbitral award for serious irregularity

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • October 24 2013

In the case of Primera Maritime (Hellas) Limited and Others vs Jiangsu Eastern Heavy Industry Co Ltd and others, published on 15 October 2013, the

Soundbites

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom, Vietnam
  • -
  • January 31 2011

On 1 January 2011 the Law on Commercial Arbitration ("LCA") came into force in Vietnam