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Results: 1-9 of 9

Warranty to insure creates an assumption of risk and responsibility

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • March 15 2013

In Bunga S.A. v. Kyla Shipping Company Limited 2012 EWHC 3522 (Comm), the Commercial Court considered whether an arbitrator had made an error of

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
  • -
  • United Kingdom
  • -
  • 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

English High Court rules on permissibility of an appeal against an arbitral award on a point of foreign law

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

Recent Court of Appeal decision further cements "West Tankers" into English law

  • Edwards Wildman Palmer LLP
  • -
  • European Union, United Kingdom
  • -
  • 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

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

Notice of approximate redelivery date by time charterer does not give rise to promissory estoppel and prevent subsequent change

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

High Court judge sets aside arbitration award because of irregularity and unfairness

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