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Results: 1-10 of 37

Commercial Court considers follow the settlements clause, allocation and recoverability IBNR
  • Locke Lord LLP
  • United Kingdom
  • May 14 2010

IRB Brasil Ressegurous SA v CX Reinsurance Company Ltd 2010 EWHC 974 (Comm) concerned an appeal brought by IRB in relation to an arbitration award made in favour of CX Re and against IRB


Commercial Court upholds tribunal award limiting recovery under business interruption policy
  • Locke Lord LLP
  • United Kingdom
  • June 16 2010

The Commercial Court has upheld an arbitration award on business interruption insurance that used a "but for" approach to causation with the effect of limiting recovery by the insured


Second Circuit affirms district court’s decision to reappoint arbitrator who had resigned
  • Locke Lord LLP
  • USA
  • June 24 2010

Yesterday, the Second Circuit affirmed a district court's decision in which the court held that an arbitrator who had previously resigned was able to rejoin the arbitration panel


Federal court upholds an arbitration panel’s award requiring a cedent to pay its reinsurer’s attorneys’ fees
  • Locke Lord LLP
  • USA
  • 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


Court finds that arbitration award is not final for purposes of review under the FAA
  • Locke Lord LLP
  • USA
  • December 15 2009

Petitioners Mitsubishi Heavy Industries, Ltd. and Mitsubishi Power Systems Americas, Inc. (“Mitsubishi”) moved to vacate a partial arbitration award entered by the International Centre for Dispute Resolution in favor of Respondent Stone & Webster, Inc. (“Stone & Webster”


Court of Appeal clarifies the scope of the West Tankers decision
  • Locke Lord LLP
  • United Kingdom
  • December 22 2009

In National Navigation Co v Endesa Generacion SA 2009 EWCA Civ 1397 the Court of Appeal overturned the first instance judgment of Mrs Justice Gloster and held that the English court was bound by an earlier decision of the Spanish court to the effect that no arbitration clause was incorporated into the relevant contract


The problem of piracy reaches the English High Court
  • Locke Lord LLP
  • United Kingdom
  • 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


New York district court recognizes continued viability of manifest disregard of the law in the Second Circuit
  • Locke Lord LLP
  • USA
  • 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


Fifth Circuit affirms denial of request for discovery for use in a private international arbitration proceeding pursuant to 28 U.S.C. 1782
  • Locke Lord LLP
  • USA
  • 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


High Court confirms anti-suit injunction to protect an English arbitration clause
  • Locke Lord LLP
  • United Kingdom
  • April 28 2010

In AES Ust-Kamenogorsk Hydropwer Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC 2010 EWHC 722 (Comm) the High Court ruled that it had jurisdiction to grant declarations and continue an anti-suit injunction to protect an arbitration clause in a contract between two Kazakhstani companies, AES Ust-Kamenogorsk Hydropwer Plant LLP (AESUK) and Ust-Kamenogorsk Hydropower Plant JSC (JSC