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International arbitration newsletter - October 2014

  • Latham & Watkins LLP
  • -
  • European Union, Germany, India, Russia, United Kingdom, USA
  • -
  • October 30 2014

The 2014 Rules include some completely new provisions, with no equivalent in the previous (1998) Rules, such as an Emergency Arbitrator procedure

Northrop Grumman Mission Systems Europe Ltd v BAE Systems (Al Diriyah C41) Ltd - (Judgment No. 2), 2014 EWCA 3148 (TCC), Mr Justice Ramsey

  • Fenwick Elliott Solicitors
  • -
  • United Kingdom
  • -
  • October 29 2014

During December 2010 BAE Systems (Al Diriyah C41) Ltd ("BAE") entered into a Licence Agreement with Northrop Grumman Mission Systems Europe

Court concludes 'friendly discussions' clause is enforceable

  • Hogan Lovells
  • -
  • Australia, United Kingdom
  • -
  • October 28 2014

In a departure from previous case law indicating that "agreements to negotiate in good faith" are unenforceable, Teare J in EmiratesTrading Agency LLC

Mediation: time for something new, October 2014

  • Holman Fenwick Willan LLP
  • -
  • United Kingdom
  • -
  • October 28 2014

The International Cotton Association (ICA) has announced that it will soon offer a mediation service. It is hoped that this new offering will help

Courts refuse enforcement of award on grounds of estoppel

  • Clifford Chance LLP
  • -
  • United Kingdom
  • -
  • October 23 2014

The recent Commercial Court decision in Diag Human v Czech Republic was the first time that the common law doctrine of issue estoppel has prevented

About that English law and arbitration clause: consider enforcement implications before signing

  • Pillsbury Winthrop Shaw Pittman LLP
  • -
  • United Kingdom
  • -
  • October 23 2014

As is frequently seen in international commercial contracts, parties with no operations or other relationship to England or the United Kingdom

The LCIA arbitration rules 2014

  • Bird & Bird
  • -
  • Global, United Kingdom
  • -
  • October 22 2014

The LCIA is one of the most popular arbitral institutions for the resolution of international disputes. On 1 October 2014, the new LCIA arbitration

U&M Mining Zambia v Konkola Copper Mines

  • Clyde & Co LLP
  • -
  • United Kingdom
  • -
  • October 22 2014

The claimant applied for a worldwide freezing order (“WFO”) after obtaining an award in its favour. In order to demonstrate a risk of dissipation of

English Court grants worldwide freezing order in support of London arbitration where assets are outside the UK

  • McGuireWoods LLP
  • -
  • United Kingdom
  • -
  • October 21 2014

A recent decision by the Commercial Court in the case of U&M Mining Zambia Limited v Konkola Copper Mines Plc 2014 All ER (D) 136 in which the

A defendant's refusal to mediate can be unreasonable... Even if the claim has no merit

  • Burges Salmon LLP
  • -
  • United Kingdom
  • -
  • October 20 2014

You are a defendant faced with an unmeritous claim. You are confident you have a strong case. The claimant proposes a mediation but it is clear that