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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
Arbitration clause covers disputes about future claims
- Edwards Wildman Palmer LLP
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- United Kingdom
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- October 14 2009
In Secretary of State for Transport v Stagecoach South Western Trains Ltd 2009 EWHC 2431, the High Court decided that a dispute over the method of calculation of future payments under a franchise agreement came within the relevant arbitration clause
Delaware court: right to advancement of defense costs for defamation suit can be modified based on changes in factual circumstances
- Edwards Wildman Palmer LLP
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- USA
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- July 28 2009
In a short letter-to-counsel opinion, Vice Chancellor John Noble of the Delaware Chancery Court held that a prior order granting advancement to two officers and directors can be modified based on changes in factual circumstances
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
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
Sixth Circuit: insurer that defended insured in state court action need not defend insured in subsequent related arbitration; wording of arbitration claim precludes coverage
- Edwards Wildman Palmer LLP
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- USA
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- July 29 2009
Earlier this month, the Sixth Circuit affirmed a district court decision granting summary judgment to a professional liability insurer where it provided a defense in a state court action but denied coverage in a subsequent related arbitration
Seventh Circuit rules that challenge to a replacement arbitrator must be made at the time of the appointment and not at the conclusion of the arbitration
- Edwards Wildman Palmer LLP
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- USA
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- September 10 2009
In a recent decision from the United States Court of Appeals for the Seventh Circuit, WellPoint, Inc. v. John Hancock Life Ins. Co., No. 08-2283 (7th Cir. Aug. 7, 2009), the court ruled that a party seeking to challenge the appointment of a replacement arbitrator must do so at the time of the appointment or else lose its ability to make such a challenge
Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions
- Edwards Wildman Palmer LLP
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- USA
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- September 10 2009
Earlier this summer, the U.S. District Court for the Central District of California, Western Division held that an arbitrator's determination in an underlying claim triggered the intentional acts and personal profit exclusions in both a D&O and E&O policy
Court of Appeal clarifies the scope of the West Tankers decision
- Edwards Wildman Palmer LLP
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- United Kingdom
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- December 22 2009
In National Navigation Co v Endesa Generacion SA 2009 EWCA Civ 1397 the Court of Appeal overturned the first instance judgment of Mrs Justice Gloster and held that the English court was bound by an earlier decision of the Spanish court to the effect that no arbitration clause was incorporated into the relevant contract
Current Search
- Workarea - Arbitration
- Firm Name - Edwards Wildman Palmer LLP
- Author - M Machua Millett