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Results: 1-10 of 11

Commercial court considers the circumstances in which it may grant security where a party is challenging the jurisdiction of the tribunal

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • 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
  • -
  • United Kingdom
  • -
  • 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

Does Section 2(4) COGSA 1992 create a separate cause of action for persons with an interest in the goods who are not holders of the bill of lading?

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 3 2010

The Respondent in Pace Shipping Co Ltd of Malta v Churchgate Nigeria Ltd of Nigeria 2010 EWHC 2828 (Comm) had brought a cargo claim in arbitration against the Appellant under s.2(1) Carriage of Goods by Sea Act 1992

Tribunal considers appropriate costs order where both claimant and defendant have succeeded on different issues

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • 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

Tribunal considers issues of causation in the context of owners’ liability for delay arising out of damage to cargo

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 3 2010

In London Arbitration 2210 ((2010) 809 LMLN 1), Charterers claimed against Owners for damages arising out of damage caused to the cargo by defects in the hatch covers allowing the cargo to be wetted by sea water

Section 69 Arbitration Act 1996 does not permit the court to entertain an appeal on a question of fact on the basis that the parties have agreed to such an appeal

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 3 2010

In Guangzhou Dockyards Co Ltd (Formerly Guangzhou CSSC-Oceanline-GSW Marine Engineering Co Ltd) v ENE Aegiali I 2010 EWHC 2826 (Comm), the Applicant shipowner applied to strike out part of an appeal by the Respondent dockyard on the basis that it was an appeal on questions of fact

High Court considers the standard of proof required in an application to appoint an arbitrator under Section 18 Arbitration Act 1996

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 3 2010

The High Court gave judgment in Noble Denton Middle East and another v Noble Denton International Limited 2010 EWHC 2574 (Comm) in May 2010, but the judgment text has only recently been made available

By endorsing a COA as guarantor, a party agrees to the arbitration of disputes arising out of the guarantee in accordance with the arbitration agreement in the COA

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 3 2010

In Stellar Shipping Co LLC v Hudson Shipping Lines 2010 EWHC 2985, the Applicant challenged an arbitration award under s.67 Arbitration Act 1996 on the grounds that because no arbitration agreement had been entered into between the parties, the tribunal lacked substantive jurisdiction

Single notice of arbitration given under ten bills of lading held to commence ten separate arbitrations rather than a single consolidated arbitration

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 3 2010

Easybiz Investments v Sinograin Chinatex 2010 EWHC 2656 related to arbitration proceedings commenced in relation to ten bills of lading

The Commercial Court considers the requirements for the continuation of an anti-suit injunction

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • December 3 2010

In Star Reefers Pool Inc v JFC Group Co Ltd 2010 EWHC 3003 (Comm) the Commercial Court considered an application by a shipowner to continue an anti-suit injunction