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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
Contra Proferentem principle applies to ambiguous questions in proposal form
- Edwards Wildman Palmer LLP
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- United Kingdom
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- October 13 2009
The High Court's decision in R&R Development Ltd v AXA Insurance UK Plc 2009 EWHC 2424 (Ch) concerned the issue of whether ambiguous questions in a proposal form for a contract of insurance could be construed by following the Contra Proferentem principle without the need for the court to decide upon the correct interpretation of the questions
Surprise decision of the Scottish Outer House of the Court of Session casts doubt on ability of insurers to obtain sanction for solvent schemes of arrangement
- Edwards Wildman Palmer LLP
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- United Kingdom
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- September 15 2009
The decision in Re Scottish Lion Insurance Company Limited 2009 CSOH 127 concerned a preliminary hearing on two specific issues relating to the sanction of a solvent scheme of arrangement proposed by Scottish Lion Insurance Company Limited
Class actions
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 24 2009
Amid concerns that the existing collective action mechanisms in the UK restrict access to justice, with the consequence that meritorious claims are not being pursued, the Civil Justice Council (CJC) published a report in December 2008 proposing a generic collective right of action
Court rules it has no jurisdiction to sanction scheme concerning trust assets held by Lehman UK
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 24 2009
The administrators of Lehman Brothers International (Europe) have been intending to propose a scheme of arrangement under the English Companies Act to enable them to distribute several billions of dollars of assets held on trust by the company in the face of difficulties in establishing who was entitled to the trust assets; in particular, they had not received responses from all potentially interested clients, could not rely on the accuracy of the company's records and had not received all the information requested from sub-custodians and other intermediaries
Can the right to appeal an arbitration award under the Arbitration Act 1996 be excluded?
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
Fifth Circuit upholds jury verdict against insurer in Hurricane Katrina case
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 18 2009
In an unpublished two page decision filed August 11, 2009, the United States Court of Appeals for the Fifth Circuit upheld a $21.6 million jury verdict in favor of a New Orleans grocer with approximately $1 million in bad faith damages
English High Court considers the effect of parallel proceedings on its jurisdiction
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 12 2009
In Catalyst Investment Group Ltd & Ors v Max Lewinsohn & Ors 2009 EWHC 1964 (Ch) the High Court held that where the English courts have jurisdiction to hear a claim under Article 2 of EC Regulation 442001 (the Jurisdiction Regulation) it was not open to that court to stay the action before it on the grounds that there were existing proceedings on foot in a non-EU jurisdiction which had a closer connection to the case than England
Arbitration and insolvency
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
Historic abuse claims
- Edwards Wildman Palmer LLP
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- United Kingdom
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- August 7 2009
In JPM and ors v. Nugent Care Society; GR v. Wirral Metropolitan Borough Council 2009 EWCA Civ 827, the Court of Appeal explained, for the first time, the significance of the landmark decisions in A v. Hoare and Lister v. Hesley Hall in revolutionising the landscape for abuse claims in the UK
Current Search
- Workarea - Litigation
- Author - Brian Green
- Author - Jeanne Kohler
- Author - Lisa Peatfield
- Jurisdiction - United Kingdom