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Results: 1-10 of 37

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 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


Arbitration and insolvency
  • Locke Lord LLP
  • United Kingdom
  • August 7 2009

In Josef Syska (Administrator of Elektrim SA (in bankruptcy) and Elektrim SA (in bankruptcy) v Vivendi Universal SA & Others 2009 EWCA Civ 677 the main question to be decided by the Court of Appeal was whether, when an arbitration is proceeding in one Member State of the European Union, in this case the UK, and one of the parties to the arbitration becomes insolvent in another Member State, in this case Poland, the consequences of that insolvency, in so far as they affect the arbitration, are to be determined by the law of the Member State where the insolvency proceedings have been instituted or the law of the Member State in which arbitration is taking place


U.S. Supreme Court rules on class arbitration, addresses manifest disregard of the law
  • Locke Lord LLP
  • USA
  • May 12 2010

Petitioners ("Stolt-Nielsen") entered into a contract with respondent AnimalFeeds International Corporation that contained an arbitration clause


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


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


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


AIRROC launches expedited binding arbitration procedure for small claims
  • Locke Lord LLP
  • USA
  • October 9 2009

The Association of Insurance and Reinsurance Run-Off Companies ("AIRROC") has announced the formal launch of the Dispute Resolution Procedure ("DRP"), an expedited binding arbitration procedure especially designed for small and less-complicated claims


Arbitration clause covers disputes about future claims
  • Locke Lord LLP
  • United Kingdom
  • October 14 2009

In Secretary of State for Transport v Stagecoach South Western Trains Ltd 2009 EWHC 2431, the High Court decided that a dispute over the method of calculation of future payments under a franchise agreement came within the relevant arbitration clause


Fifth Circuit finds that manifest disregard of the law has been abrogated by Hall Street
  • Locke Lord LLP
  • USA
  • October 29 2009

In a departure from recent rulings by other federal circuit courts on this issue, the U.S. Court of Appeals for the Fifth Circuit has held that manifest disregard of the law is no longer a valid basis for vacating arbitration awards under the Federal Arbitration Act ("FAA"