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Results: 1-10 of 39

Agreement to arbitrate: Midgulf International Ltd v Groupe Chimiche Tunisien
  • Locke Lord LLP
  • United Kingdom
  • August 7 2009

The applicant, Midgulf, was a trader in sulphur


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


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


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


Federal court confirms foreign arbitration award, even though appeal of award in foreign jurisdiction was pending
  • Locke Lord LLP
  • USA
  • December 15 2009

Plaintiff China National Chartering Corp. (“CNCC”) petitioned the U.S. District Court for the Southern District of New York to confirm an arbitration award rendered in its favor against defendant Pactrans Air & Sea, Inc. (“Pactrans”) by the China Maritime Arbitration Commission (“CMAC”


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
  • Locke Lord LLP
  • USA
  • 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
  • Locke Lord LLP
  • USA
  • 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


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


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


New York federal court vacates arbitration award based on evident partiality
  • Locke Lord LLP
  • USA
  • April 26 2010

Scandinavian Reinsurance Company Limited (“Scandinavian Re”) and St. Paul Fire & Marine Insurance Company, St. Paul Reinsurance Company, Ltd. and St. Paul Re (Bermuda) Ltd. (collectively “St. Paul”) entered into a retrocessional agreement under which St. Paul ceded a portion of its casualty reinsurance portfolio to Scandinavian Re