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Results: 1-10 of 37

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

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

  • Locke Lord 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

  • Locke Lord 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

The effect of an arbitration agreement in an insurance policy

  • Locke Lord 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

Southern District of New York confirms arbitration award dismissing fraud claims on summary judgment

  • Locke Lord LLP
  • -
  • USA
  • -
  • November 3 2009

In a recent decision of the United States District Court for the Southern District of New York, TIG Ins. Co. v. Global Int’l Reins. Co., Ltd., No. 09 Civ. 1289 (Aug. 7, 2009), the court ruled that an arbitrator’s decision to ignore certain evidence is not a proper ground for vacating an arbitration award

AIRROC launches expedited binding arbitration procedure for small claims

  • Locke Lord 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

  • 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

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

  • Locke Lord 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

Incorporation of arbitration clauses by general words

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • February 1 2010

Habas Sinai Ve Tibbi Gazlar Isthisal Endustri As ("Habas") v Sometal S.A.L. 2010 EWHC 29 (Comm) concerned an application to set aside an interim final award on jurisdiction and costs made by an arbitral tribunal by which the tribunal accepted jurisdiction to entertain a claim made by Sometal S.A.L. for breach of contract

Commercial Court upholds tribunal award limiting recovery under business interruption policy

  • Locke Lord LLP
  • -
  • United Kingdom
  • -
  • June 16 2010

The Commercial Court has upheld an arbitration award on business interruption insurance that used a "but for" approach to causation with the effect of limiting recovery by the insured