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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
High Court provides clarity on time limits in arbitration clauses
- Edwards Wildman Palmer LLP
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- United Kingdom
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- October 27 2010
In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd 2010 EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer's liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned
AIRROC launches expedited binding arbitration procedure for small claims
- Edwards Wildman Palmer LLP
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- USA
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- October 9 2009
The Association of Insurance and Reinsurance Run-Off Companies ("AIRROC") has announced the formal launch of the Dispute Resolution Procedure ("DRP"), an expedited binding arbitration procedure especially designed for small and less-complicated claims
Federal court confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending
- Edwards Wildman Palmer LLP
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- USA
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- December 15 2009
Plaintiff China National Chartering Corp. (“CNCC”) petitioned the U.S. District Court for the Southern District of New York to confirm an arbitration award rendered in its favor against defendant Pactrans Air & Sea, Inc. (“Pactrans”) by the China Maritime Arbitration Commission (“CMAC”
Arbitration and insolvency
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 7 2009
In Josef Syska (Administrator of Elektrim SA (in bankruptcy) and Elektrim SA (in bankruptcy) v Vivendi Universal SA & Others 2009 EWCA Civ 677 the main question to be decided by the Court of Appeal was whether, when an arbitration is proceeding in one Member State of the European Union, in this case the UK, and one of the parties to the arbitration becomes insolvent in another Member State, in this case Poland, the consequences of that insolvency, in so far as they affect the arbitration, are to be determined by the law of the Member State where the insolvency proceedings have been instituted or the law of the Member State in which arbitration is taking place
Federal court finds that the proper venue for a motion to confirm an arbitration award is the district in which the hearing was held, not where the award was signed
- Edwards Wildman Palmer LLP
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- USA
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- October 15 2010
NGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York
Second Circuit finds that class arbitration waiver clause is unconscionable, refuses to compel arbitration
- Edwards Wildman Palmer LLP
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- USA
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- September 1 2010
In Fensterstock v. Education Finance Partners and Affiliated Computer Services, Inc., plaintiff Fensterstock commenced a class action lawsuit in the Southern District of New York against Education Finance Partners and Affiliated Computer Services for engaging in fraudulent and deceptive practices in connection with the issuance of student loans
Appointment of arbitral tribunal by English court
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 12 2010
In Chalbury Mccouat International Ltd v. P.G. Foils Ltd 2010 EWHC 2050 (TCC) a dispute had arisen between Chalbury, an English company, and Foils, an Indian company, under a contract between Chalbury and Foils for the dismantling of a manufacturing plant in the Netherlands
Fifth Circuit compels arbitration, holding that parties clearly intended arbitrator to decide issues of arbitrability
- Edwards Wildman Palmer LLP
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- USA
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- October 22 2010
Plaintiffs purchased disability insurance from First American National, which later became known as defendant Regions Bank ("Regions"
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 - Brian Green
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