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Results: 1-10 of 37

High Court confirms anti-suit injunction to protect an English arbitration clause

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • 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

Court of Appeal clarifies the scope of the West Tankers decision

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • 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

English Commercial Court considers challenge to an arbitration award

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • 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

Commercial Court considers follow the settlements clause, allocation and recoverability IBNR

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • 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

Federal court confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • 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”

Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • March 2 2010

National Union Fire Insurance Company of Pittsburgh, PA entered into a reinsurance treaty with Odyssey America Reinsurance Corporation, which contained an arbitration clause

High Court rules that any issue covered by a tribunal's terms of reference cannot be adjudicated in a subsequent arbitration

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • February 4 2010

In LIDL v Just Fitness Ltd 2010 EWHC 39 (Ch) the Court was asked to decide whether an arbitrator had jurisdiction to determine a particular issue in a dispute, which was alleged to have been addressed in a previous arbitration

AIRROC launches expedited binding arbitration procedure for small claims

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • 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

Arbitration and insolvency

  • Edwards Wildman Palmer LLP
  • -
  • United Kingdom
  • -
  • 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

The effect of an arbitration agreement in an insurance policy

  • Edwards Wildman Palmer LLP
  • -
  • Hong Kong
  • -
  • 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