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English Commercial Court considers challenge to an arbitration award
- Edwards Wildman Palmer LLP
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- United Kingdom
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- July 23 2010
In B v A 2010 EWHC 1626 (Comm), Mr Justice Tomlinson was asked to determine a preliminary issue concerning whether the claimant (B) had a realistic prospect of challenging an arbitration award (the Award) under sections 67 and 68 of the Arbitration Act 1996 (the Act
United States Supreme Court asks for federal government's opinion on applicability of the McCarran-Ferguson Act to the New York Convention
- Edwards Wildman Palmer LLP
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- USA
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- July 22 2010
The U.S. Supreme Court recently asked the Solicitor General to file a brief on behalf of the United States expressing its views on whether the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "New York Convention") and the federal legislation that enforces it, the Federal Arbitration Act ("FAA"), are subject to the reverse preemption provision of the McCarran-Ferguson Act
The problem of piracy reaches the English High Court
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
Second Circuit affirms district court’s decision to reappoint arbitrator who had resigned
- Edwards Wildman Palmer LLP
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- USA
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- June 24 2010
Yesterday, the Second Circuit affirmed a district court's decision in which the court held that an arbitrator who had previously resigned was able to rejoin the arbitration panel
Commercial Court upholds tribunal award limiting recovery under business interruption policy
- Edwards Wildman Palmer LLP
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- United Kingdom
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- June 16 2010
The Commercial Court has upheld an arbitration award on business interruption insurance that used a "but for" approach to causation with the effect of limiting recovery by the insured
Commercial Court considers follow the settlements clause, allocation and recoverability IBNR
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
U.S. Supreme Court rules on class arbitration, addresses manifest disregard of the law
- Edwards Wildman Palmer LLP
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- USA
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- May 12 2010
Petitioners ("Stolt-Nielsen") entered into a contract with respondent AnimalFeeds International Corporation that contained an arbitration clause
High Court confirms anti-suit injunction to protect an English arbitration clause
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
New York federal court vacates arbitration award based on evident partiality
- Edwards Wildman Palmer LLP
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- USA
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- April 26 2010
Scandinavian Reinsurance Company Limited (“Scandinavian Re”) and St. Paul Fire & Marine Insurance Company, St. Paul Reinsurance Company, Ltd. and St. Paul Re (Bermuda) Ltd. (collectively “St. Paul”) entered into a retrocessional agreement under which St. Paul ceded a portion of its casualty reinsurance portfolio to Scandinavian Re
The effect of an arbitration agreement in an insurance policy
- Edwards Wildman Palmer LLP
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- Hong Kong
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- March 30 2010
The recent High Court judgment in Rondabosh International Ltd v China Ping An Insurance (Hong Kong) Co Ltd 2009 HKEC 2103 demonstrates the effect of an arbitration agreement in an insurance policy
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- Workarea - Arbitration
- Author - M Machua Millett
- Author - Jeanne Kohler