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Results: 1-10 of 148

Incorporation of arbitration clauses by general words
  • Locke Lord LLP
  • United Kingdom
  • February 1 2010

Habas Sinai Ve Tibbi Gazlar Isthisal Endustri As ("Habas") v Sometal S.A.L. 2010 EWHC 29 (Comm) concerned an application to set aside an interim final award on jurisdiction and costs made by an arbitral tribunal by which the tribunal accepted jurisdiction to entertain a claim made by Sometal S.A.L. for breach of contract


Court of Appeal overturns recent judgment on ‘inherent vice’
  • Locke Lord LLP
  • United Kingdom
  • January 29 2010

In Global Process Systems Inc & Anor v Syarikat Takaful Malaysia Berhad 2009 EWCA Civ 1398, the Court of Appeal overturned the first instance judgment of the Commercial Court (previously reported here), and found that the cause of the loss was not 'inherent vice' (a risk excluded under the claimant insured's 'all risks' policy) but 'perils of the sea', a covered risk


Revised estimate says asbestos-related liability will cost UK insurers over £11bn by 2050
  • Locke Lord LLP
  • United Kingdom
  • January 29 2010

The UK's Asbestos Working Party (AWP) has published its revised projection of the cost to employers' liability insurers of the UK's asbestos liability problem


Enforceability of Hong Kong arbitral awards in mainland China
  • Locke Lord LLP
  • China, Hong Kong
  • February 2 2010

The Supreme People's Court of the People's Republic of China recently issued a letter on 30 December 2009 to all Higher People's Courts in mainland China confirming that ad hoc arbitral awards made in Hong Kong and those arbitral awards made in Hong Kong by the International Court of Arbitration of the International Chamber of Commerce and other foreign arbitration institutions are enforceable in mainland China in accordance with the Arrangement concerning Mutual Enforcement of Arbitral Awards between mainland China and the Hong Kong Special Administrative Region signed in 1999 (the "Arrangement"


Court can deprive a successful defendant of costs following lies at trial
  • Locke Lord LLP
  • United Kingdom
  • December 21 2009

The Court of Appeal has ruled that it can be within a court's discretion to reduce a successful defendant's costs award by two thirds because of lies told during the trial


NY court: insured may recover consequential damages absent insurer bad faith
  • Locke Lord LLP
  • USA
  • December 23 2009

On December 15, 2009, New York's Appellate Division for the First Department held that an insured need not allege or prove that its insurer acted in bad faith in order to recover consequential damages stemming from the insurer's breach of the policy


Ohio District Court holds supplier of defective materials is not a subcontractor for purposes of exception to “your work” exclusion
  • Locke Lord LLP
  • USA
  • February 2 2010

In Mosser Constr. Inc. v. Travelers Indem. Co., Civil Action No. 3:08CV2363 (N.D. Ohio Oct. 26, 2009) (Zouhary, J.), an Ohio District Court was confronted with the question of whether a company that supplied crushed stone backfill to a general contractor is a “subcontractor” within the meaning of the insurance policy, or merely a “material supplier.”


High Court rules that any issue covered by a tribunal's terms of reference cannot be adjudicated in a subsequent arbitration
  • Locke Lord LLP
  • United Kingdom
  • February 4 2010

In LIDL v Just Fitness Ltd 2010 EWHC 39 (Ch) the Court was asked to decide whether an arbitrator had jurisdiction to determine a particular issue in a dispute, which was alleged to have been addressed in a previous arbitration


Civil Jurisdiction and Judgments Regulations 2009 (SI 20093131) will bring the new Lugano Convention into force in the UK on 1 January 2010
  • Locke Lord LLP
  • European Union, United Kingdom
  • December 21 2009

The new Lugano Convention enters into force in the European Union and Norway on 1 January 2010


Plus D&O symposium: morning session I
  • Locke Lord LLP
  • USA
  • February 3 2010

During a discussion on the state of securities litigation, a panel comprised of prominent securities litigators discussed trends in securities class actions and legislation that is on the horizon