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Commercial court considers competing jurisdiction and arbitration clauses
- Reed Smith LLP
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- United Kingdom
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- August 17 2011
The application before the Court in this case arose in the context of disputes concerning two related agreements dealing with the operation of a coal mine in Indonesia
The Commercial Court considers the exceptional circumstances in which the English court may grant an injunction restraining an arbitration with a foreign seat
- Reed Smith LLP
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- United Kingdom
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- August 17 2011
The Claimant, a US company, entered into a collaboration agreement with the First Defendant (also a US company) in relation to bidding to develop petroleum blocks in Iraqi Kurdistan
Commercial Court confirms that factual issues can be determined in the context of an application under Section 66 of the Arbitration Act 1996
- Reed Smith LLP
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- United Kingdom
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- August 17 2011
The Claimant and Defendant had entered in to a loan agreement which provided that “each party shall act in absolute faith towards the other”
Court of Appeal considers whether it is appropriate to stay proceedings concerning the interpretation of an agreement pending expert determination under that agreement
- Reed Smith LLP
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- United Kingdom
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- August 17 2011
The Appellant and Respondent had entered into a partnership agreement which contained an expert determination clause
A party cannot challenge the jurisdiction of a tribunal where its arbitration claim has already been dismissed by the court
- Reed Smith LLP
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- United Kingdom
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- June 10 2011
The Applicant had brought an arbitration claim, under s.67 Arbitration Act 1996, relating to the jurisdiction of a German tribunal
Court of Appeal finds that it has jurisdiction to rule on the validity of an arbitration agreement, and to grant an anti-suit injunction preventing a party from bringing proceedings in breach of that agreement
- Reed Smith LLP
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- United Kingdom
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- June 10 2011
The Appellant and Respondent were both Kazakhstan companies
Commercial Court considers a disponent owner’s challenge of the striking out of its demurrage claim on the grounds that there was no contract between it and the voyage charterer, and as such no arbitration agreement between them
- Reed Smith LLP
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- United Kingdom
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- June 10 2011
The Claimant Disponent Owner, who had time chartered the vessel in question, instructed shipbrokers to sub-charter the vessel to the Defendant
Commercial court considers the circumstances in which it may grant security where a party is challenging the jurisdiction of the tribunal
- Reed Smith LLP
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- United Kingdom
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- January 6 2011
In A v B 2010 EWHC 3302 (Comm), the Applicant had been successful in a FOSFA arbitration against the Respondent
High Court rules that an arbitrator does not automatically cease to have jurisdiction following a settlement between the parties
- Reed Smith LLP
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- United Kingdom
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- January 6 2011
In Dawes v Treasure and Son Ltd 2010 EWHC 3218 (TCC), the Defendant was a contractor who had carried out construction works at the Claimant's estate
Tribunal considers appropriate costs order where both claimant and defendant have succeeded on different issues
- Reed Smith LLP
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- United Kingdom
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- December 3 2010
In a recent London arbitration (2110, ref. 2010 LMLN 807), the Claimant Owners claimed the costs of an arbitration in which two separate claims had been dealt with
