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Results: 1-10 of 95

A summary of major developments in key areas - general counsel update - July 2014

  • Herbert Smith Freehills LLP
  • -
  • Australia, European Union, Hong Kong, United Kingdom
  • -
  • July 15 2014

Legislation, in the form of a Regulation and Directive, has been published in the Official Journal of the European Union which will substantially

Shipping Sector Update: Sulamerica CIA Nacional de Seguros SA and others v Enesa Engenharia SA and others 2012 EWCA Civ 638

  • Eversheds LLP
  • -
  • United Kingdom
  • -
  • February 13 2013

The dispute arose in connection with two construction all risk insurance policies between the appellant Enesa (“Insured”) and the respondent

Court upholds Arbitrators' decision that 911 World Trade Center attacks are two events

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • February 13 2013

In Aioi Nissan Dowa Insurance Company Limited v Heraldglen Limited and Another 2013 EWHC 154 (Comm), the Commercial Court upheld the decision of an

The Front Comor: an end to anti-suit injunctions?

  • Reed Smith LLP
  • -
  • European Union, Italy, United Kingdom
  • -
  • December 31 2008

The Advocate General of the European Court of Justice (“ECJ”) has now delivered her opinion on a question referred to the ECJ by the House of Lords earlier this year in the case of the “Front Comor” concerning the use of anti-suit injunctions by the English Courts

Twin Towers: one plot, two events under the English doctrine of unities

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • February 21 2013

The English Commercial Court has recently upheld an arbitral award handed down in January 2013, under the terms of various aviation retrocession

Commercial Court considers follow the settlements clause, allocation and recoverability IBNR

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • May 14 2010

IRB Brasil Ressegurous SA v CX Reinsurance Company Ltd 2010 EWHC 974 (Comm) concerned an appeal brought by IRB in relation to an arbitration award made in favour of CX Re and against IRB

Law governing arbitration has closest connection to law of the seat

  • Clifford Chance LLP
  • -
  • Brazil, United Kingdom
  • -
  • October 25 2012

The Court of Appeal has upheld the first instance decision in Sulamerica Cia Nacional de Seguros SA v Enesa Engenharia SA

Breach of arbitration agreement (2) arrest of vessel in Senegal

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • November 30 2008

In Kallang Shipping SA Panama v AXA Assurance Senegal and in Sotrade Denizcilik Sanayi VE Tikaret AS v Amadou Lo, The Duden - Butterworths Law Direct 21.11.08 the Commercial Court considered the circumstances in which the arrest of vessels in foreign jurisdictions, prompted by overseas cargo insurers, can amount to breach of arbitration clauses incorporated into bills of lading

How to determine the law of the arbitration agreement when none is stated

  • Borden Ladner Gervais LLP
  • -
  • Brazil, United Kingdom
  • -
  • July 10 2012

The arbitration clauses in the insurance policies related to a hydro-electric project in Sulamerica Cia Nacional de Seguros SA v Enesa Engenharia SA, 2012 EWCA Civ 638, provided for arbitration in London but also chose Brazilian law as the law of the contract and conferred exclusive jurisdiction on the courts of Brazil

UK High Court claim struck out as full redress was available under an ADR scheme

  • Herbert Smith Freehills LLP
  • -
  • United Kingdom
  • -
  • September 26 2013

The UK High Court recently refused to allow a claim to proceed in relation to mis-selling of an insurance product on the basis that the claimants had