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Results: 1-10 of 23

“West Tankers” saga continues: court rejects tribunal’s finding that it did not have jurisdiction to award damages for breach of an obligation to arbitrate
  • Herbert Smith Freehills LLP
  • European Union, United Kingdom
  • April 18 2012

In the most recent of a long running series of decisions arising from a collision between the Appellant’s vessel, the “Front Comor”, and a Sicilian pier owned by the vessel’s charterers, the English court has found that the majority of the tribunal was wrong to decline jurisdiction over a claim for equitable damages for breach of an arbitration clause

English Court confirms principles it will apply in deciding whether materials produced in an arbitration should be disclosed
  • Herbert Smith Freehills LLP
  • United Kingdom
  • February 1 2013

The recent case of Westwood Shipping Lines Inc and another v Universal Schiffartsgesellschaft MBH and another 2012 EWHC 3837 (Comm) has confirmed

U&M Mining Zambia Ltd v Konkola Copper Mines Plc: Court of the seat does not have exclusive jurisdiction to grant interim measures in support of arbitration
  • Herbert Smith Freehills LLP
  • United Kingdom, Zambia
  • February 28 2013

In the recent case of U&M Mining Zambia Ltd v Konkola Copper Mines plc 2013 EWHC 260 (Comm), the court examined the question of whether English

Turville v Chartis and the “arbitration clause” that wasn’t
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 8 2012

A clause providing for loss to be assessed under an insurance policy by way of a so-called “arbitration” procedure was held to be non-compliant with the Arbitration Act 1996 and therefore not a genuine arbitration clause

Arbitration in England: major court decisions of 20112012
  • Herbert Smith Freehills LLP
  • United Kingdom
  • November 5 2012

This newsletter provides a snapshot of some of the key English judgments of 2011 and 2012 of interest to those involved, or potentially involved, in international arbitrations seated in London and therefore procedurally governed by English law

Speak now or forever hold your peace: S68 challenge for lack of opportunity to make full submissions fails
  • Herbert Smith Freehills LLP
  • United Kingdom
  • December 5 2012

It is well-known that applicants seeking to challenge an award under section 68 of the Arbitration Act 1996 (the “Act“) must overcome a high threshold in (i) establishing a serious irregularity and (ii) demonstrating that this serious irregularity has caused substantial injustice

OIC Investment Treaty investor protection in the Islamic world
  • Herbert Smith Freehills LLP
  • Libya, Middle East, Oman, Pakistan, Saudi Arabia, Syria, United Arab Emirates, United Kingdom
  • September 28 2012

One of the key considerations when looking at overseas investment, particularly in the emerging markets, is the protection that the foreign investor will have from state expropriation of the investor’s assets and from other interference in the investment

The new LCIA rules
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 6 2014

The London Court of International Arbitration (LCIA) has formally adopted new Arbitration Rules which came into effect on 1 October 2014, and will

Discrimination and arbitration: English Court of Appeal sets restrictions on the freedom of the arbitral process
  • Herbert Smith Freehills LLP
  • United Kingdom
  • October 30 2010

On 22 June 2010, the English Court of Appeal held, in Jivraj v Hashwani, that specifying religious criteria for the appointment of an arbitrator in an arbitration clause in a commercial contract rendered the clause void