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Results: 1-10 of 36

English law and London arbitration clause not sufficient to allow application of late payment of Commercial Debt (Interest) Act 1998 to charterparties

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • June 18 2014

In a robust judgment of 12 June 2014 in Martrade Shipping & Transport GmbH v. United Enterprises Corporation 2014 EWHC 1884 (Comm), the Commercial

Court of Appeal considers whether it is appropriate to stay proceedings concerning the interpretation of an agreement pending expert determination under that agreement

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • August 17 2011

The Appellant and Respondent had entered into a partnership agreement which contained an expert determination clause

Commercial court considers competing jurisdiction and arbitration clauses

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • August 17 2011

The application before the Court in this case arose in the context of disputes concerning two related agreements dealing with the operation of a coal mine in Indonesia

The Commercial Court considers the exceptional circumstances in which the English court may grant an injunction restraining an arbitration with a foreign seat

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • August 17 2011

The Claimant, a US company, entered into a collaboration agreement with the First Defendant (also a US company) in relation to bidding to develop petroleum blocks in Iraqi Kurdistan

Commercial Court confirms that factual issues can be determined in the context of an application under Section 66 of the Arbitration Act 1996

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • August 17 2011

The Claimant and Defendant had entered in to a loan agreement which provided that “each party shall act in absolute faith towards the other”

A party cannot challenge the jurisdiction of a tribunal where its arbitration claim has already been dismissed by the court

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • June 10 2011

The Applicant had brought an arbitration claim, under s.67 Arbitration Act 1996, relating to the jurisdiction of a German tribunal

Commercial Court considers a disponent owner’s challenge of the striking out of its demurrage claim on the grounds that there was no contract between it and the voyage charterer, and as such no arbitration agreement between them

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • June 10 2011

The Claimant Disponent Owner, who had time chartered the vessel in question, instructed shipbrokers to sub-charter the vessel to the Defendant

Commercial court considers the circumstances in which it may grant security where a party is challenging the jurisdiction of the tribunal

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • January 6 2011

In A v B 2010 EWHC 3302 (Comm), the Applicant had been successful in a FOSFA arbitration against the Respondent

High Court rules that an arbitrator does not automatically cease to have jurisdiction following a settlement between the parties

  • Reed Smith LLP
  • -
  • United Kingdom
  • -
  • January 6 2011

In Dawes v Treasure and Son Ltd 2010 EWHC 3218 (TCC), the Defendant was a contractor who had carried out construction works at the Claimant's estate