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Results: 1-10 of 37

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

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

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

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

Incorporation of arbitration clauses by general words

  • Edwards Wildman Palmer 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

  • Edwards Wildman Palmer 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

Court finds that arbitration award is not final for purposes of review under the FAA

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • December 15 2009

Petitioners Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. (“Mitsubishi”) moved to vacate a partial arbitration award entered by the International Centre for Dispute Resolution in favor of Respondent Stone & Webster, Inc. (“Stone & Webster”

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

  • Edwards Wildman Palmer 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

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
  • -
  • USA
  • -
  • 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

Enforceability of Hong Kong arbitral awards in mainland China

  • Edwards Wildman Palmer LLP
  • -
  • China, Hong Kong
  • -
  • February 2 2010

The Supreme People's Court of the People's Republic of China recently issued a letter on 30 December 2009 to all Higher People's Courts in mainland China confirming that ad hoc arbitral awards made in Hong Kong and those arbitral awards made in Hong Kong by the International Court of Arbitration of the International Chamber of Commerce and other foreign arbitration institutions are enforceable in mainland China in accordance with the Arrangement concerning Mutual Enforcement of Arbitral Awards between mainland China and the Hong Kong Special Administrative Region signed in 1999 (the "Arrangement"