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English High Court examines the interaction between an English arbitration clause and a US service of suit clause

Edwards Wildman Palmer LLP
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United Kingdom, USA
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August 13 2008

The recent judgment in Ace Capital Ltd v CMS Energy Corp 2008 EWHC 1843 (Comm) has provided welcome clarification on the effect of a US service of suit clause in a policy that contains an English arbitration provision

Court considers application for stay in favour of Texas arbitration

Edwards Wildman Palmer LLP
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United Kingdom, USA
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July 28 2008

On 17 July in Equitas Limited v Allstate Insurance Company 2008 EWHC 1671 Mr Justice Beatson handed down his decision on whether Allstate was entitled to a stay of the instant proceedings initiated by Equitas in March 2008

Reinsurance arbitration predominates

Edwards Wildman Palmer LLP
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United Kingdom, USA
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February 21 2008

From time to time, we are asked about the prevalence of arbitration over litigation as a forum for resolving reinsurance disputes

Bermuda Form: the Court of Appeal upholds an anti-suit injunction to prevent a challenge to an English arbitration award in the US

Edwards Wildman Palmer LLP
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United Kingdom, USA
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December 26 2007

In C v D 2007 EWCA Civ 1282, D insured C under a Bermuda Form policy that provided for London arbitration and was governed by New York Law

British insurer seeks to confirm arbitration award against former Tyco CEO

Edwards Wildman Palmer LLP
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United Kingdom, USA
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November 14 2007

Recently, Corporate Officers & Directors of Assurance Ltd. (“CODA”), a U.K. insurer that issued a directors and officers policy to Tyco International Ltd., petitioned a New York state court to confirm an arbitration award directing Tyco’s former CEO, L. Dennis Kozlowski, to pay CODA about $2 million

No right to New York review of arbitration decision under Bermuda form arbitration clause

Edwards Wildman Palmer LLP
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United Kingdom, USA
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August 10 2007

A recent ruling from the English Commercial Court illuminates one risk with the use of the Bermuda form arbitration clause: if the losing party is dissatisfied with the arbitration result, it may not be permitted to challenge the result under New York law in a New York court, but may instead be limited to challenging the arbitration award under English law in an English court