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Results: 1-10 of 39

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


The effect of an arbitration agreement in an insurance policy
  • Locke Lord LLP
  • Hong Kong
  • 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 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”


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


Can the right to appeal an arbitration award under the Arbitration Act 1996 be excluded?
  • Locke Lord LLP
  • United Kingdom
  • 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


English High Court refuses to enforce a Canadian arbitration award which failed to give effect to mandatory EU regulations
  • Locke Lord LLP
  • Canada, United Kingdom
  • November 19 2009

In Accentuate Limited v Asigra Inc (A company incorporated under the laws of Canada) 2009 EWHC 265, the English Court was asked to overturn the earlier decision of a District Judge which set aside an order giving the English claimant, Accentuate, leave to serve the Canadian defendant, Asigra, outside the jurisdiction and which granted a stay of proceedings


California federal court finds that issue of whether commutation terminated certain reinsurance contracts was for the arbitration panel to decide
  • Locke Lord LLP
  • USA
  • February 12 2010

Petitioner Sun Life Assurance Company of Canada ("Sun Life") moved to confirm an arbitration award against Respondents Liberty Mutual Insurance Company, Golden Eagle Insurance Corporation and San Diego Insurance Company


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


District court denies motion to stay, holds that potential for unnecessary arbitration-related expenses does not constitute irreparable harm or clear hardship
  • Locke Lord LLP
  • USA
  • January 22 2010

Plaintiff B.D. Cooke & Partners Limited, as Assignee of Citizens Casualty Company of New York (in Liquidation) (“Cooke”), filed a lawsuit against defendant Certain Underwriters at Lloyd’s, London (“Underwriters”