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Results: 1-10 of 37

English Commercial Court considers challenge to an arbitration award

  • Locke Lord 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

Court of Appeal clarifies the scope of the West Tankers decision

  • Locke Lord 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

New York federal court vacates prior order finding that arbitration must start anew

  • Locke Lord LLP
  • -
  • USA
  • -
  • July 30 2009

In early January, www.insurereinsure.com reported on In the matter of the Petition of Ins. Co. of North America, et al. against Public Service Mut. Ins. Co., No. 08-cv-7003 (S.D.N.Y.), in which the U.S. District Court for the Southern District of New York held that an arbitration must start anew because a member of the arbitration panel resigned for health reasons prior to the rendering of an award

The problem of piracy reaches the English High Court

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • July 2 2010

The case of Cosco Bulk Carrier Co. Ltd v Team-Up Owning Co. Ltd 2010 EWHC 1340 (Comm) was an appeal to the High Court of a decision by an arbitration panel

Delaware court: right to advancement of defense costs for defamation suit can be modified based on changes in factual circumstances

  • Locke Lord LLP
  • -
  • USA
  • -
  • 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

Sixth Circuit: insurer that defended insured in state court action need not defend insured in subsequent related arbitration; wording of arbitration claim precludes coverage

  • Locke Lord LLP
  • -
  • USA
  • -
  • 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

Arbitration and insolvency

  • Locke Lord 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

Recognition and enforcement of international arbitration awards

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • August 5 2009

There have been a number of recent cases considering the jurisdiction of the English courts and the enforcement of foreign arbitration awards

Agreement to arbitrate: Midgulf International Ltd v Groupe Chimiche Tunisien

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • August 7 2009

The applicant, Midgulf, was a trader in sulphur

Can the right to appeal an arbitration award under the Arbitration Act 1996 be excluded?

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • August 18 2009

In Shell Egypt West Manzala GmbH & Others v Dana Gas Egypt Limited (formerly Centurion Petroleum Corporation) 2009 EWHC 2097 (Comm) Dana Gas Egypt Limited (Dana) submitted that the court had no jurisdiction to hear Shell's application for permission to appeal, allowed under section 69(1) of the Arbitration Act (the Act), or any substantive appeal because of the phrase "final, conclusive and binding" in the relevant arbitration clause