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English Commercial Court considers challenge to an arbitration award
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
The problem of piracy reaches the English High Court
- Edwards Wildman Palmer LLP
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- United Kingdom
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- 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
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
The effect of an arbitration agreement in an insurance policy
- Edwards Wildman Palmer LLP
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- Hong Kong
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- 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
Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees
- Edwards Wildman Palmer LLP
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- USA
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- 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
New York federal court vacates prior order finding that arbitration must start anew
- Edwards Wildman Palmer LLP
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- USA
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- 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
Fifth Circuit affirms denial of request for discovery for use in a private international arbitration proceeding pursuant to 28 U.S.C. 1782
- Edwards Wildman Palmer LLP
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- USA
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- September 2 2009
In a decision filed August 6, 2009, the U.S. Court of Appeals for the Fifth Circuit affirmed the district court’s denial of a request under 28 U.S.C. 1782 for discovery for use in a private international arbitration proceeding
New York district court recognizes continued viability of manifest disregard of the law in the Second Circuit
- Edwards Wildman Palmer LLP
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- USA
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- October 5 2009
Idea Nuova, Inc. moved in the U.S. District Court for the Southern District of New York to vacate or modify an arbitration award issued in favor of GM Licensing Group, Inc
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
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- USA
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- 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
Federal court rules that arbitration award satisfied final adjudication requirement in intentional acts and personal profit exclusions
- Edwards Wildman Palmer LLP
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- USA
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- September 10 2009
Earlier this summer, the U.S. District Court for the Central District of California, Western Division held that an arbitrator's determination in an underlying claim triggered the intentional acts and personal profit exclusions in both a D&O and E&O policy
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- Workarea - Litigation
- Workarea - Arbitration
- Author - M Machua Millett
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