arbitration – Page 14 – Current Awareness

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others – WLR Daily

Posted April 30th, 2013 in agreements, appeals, arbitration, law reports, partnerships, stay of proceedings, third parties by sally

Fortress Value Recovery Fund I LLC and others v Blue Skye Special Opportunities Fund LP and others [2013] EWCA Civ 367; [2013] WLR (D) 154

“Section 8(1) of the Contracts (Rights of Third Parties) Act 1999 allowed for a promisor to give a third party an enforceable substantive right subject to a procedural condition on which the promisor might but need not insist. Section 8(2) of the Act allowed for a promisor to give a third party an enforceable procedural right which the third party might but need not exercise, since the right was unilateral.”

WLR Daily, 17th April 2013

Source: www.iclr.co.uk

Groceries Code Adjudicator Act 2013 – legislation.gov.uk

Posted April 26th, 2013 in arbitration, codes of practice, dispute resolution, legislation by tracey

Full text of Act

Source: www.legislation.gov.uk

International Children Law Update – Family Law Week

Posted April 5th, 2013 in arbitration, children, enforcement, international law, jurisdiction, news, residence orders, treaties by sally

“Jacqueline Renton, Barrister of 4 Paper Buildings, reviews the latest key decisions in international children law.”

Family Law Week, 5th April 2013

Source: www.familylawweek.co.uk

Family Mediation Council’s Professional Practice Consultants Conference 2013 – Speech by Lord McNally

Posted March 15th, 2013 in arbitration, dispute resolution, families, legal profession, speeches by tracey

“Family Mediation Council’s Professional Practice Consultants Conference 2013, speech by Lord McNally, 14th March 2013.”

Ministry of Justice, 14th March 2013

Source: www.justice.gov.uk

How mediation takes the sting out of divorce – The Guardian

Posted March 12th, 2013 in arbitration, divorce, news by sally

“From next month, divorce may get a little less confrontational – and cheaper. Changes to legal aid mean couples who split won’t be funded through the courts, but that could be a good thing, argues mediator Victoria Scott.”

The Guardian, 9th March 2013

Source: www.guardian.co.uk

Gerry McCann calls for press control laws – and 75% of the public agree – The Guardian

Posted February 11th, 2013 in arbitration, inquiries, interception, media, news, parliament, privacy, victims by sally

“Poll shows overwhelming support for missing Madeleine’s father on how Leveson inquiry findings must be enforced.”

The Guardian, 9th February 2013

Source: www.guardian.co.uk

Peers pass low-cost arbitration law for victims of press defamation – The Guardian

Posted February 6th, 2013 in arbitration, bills, complaints, costs, damages, defamation, media, news, victims by sally

“A cross-party alliance of peers hasinjected new momentum into the stalling cross-party talks on the future of press regulation by passing a law to implement a key plank of the Leveson report.”

The Guardian, 5th February 2013

Source: www.guardian.co.uk

Religious courts and Sharia divorce – Halsbury’s Law Exchange

Posted February 5th, 2013 in arbitration, children, courts, divorce, financial provision, Judaism, news, residence orders by tracey

“If you glanced at the front page of The Times for 1 February, with its headline ‘High Court opens way to Sharia divorces’, you could have been forgiven for thinking that the court had made some important pronouncement on the role of Sharia (Islamic law) in divorce proceedings. The story’s first paragraph would also have led you naturally to that conclusion. ‘The prospect of divorce cases being settled by Sharia and religious courts’, it says, ‘has been opened up by landmark legal decision.’ So it would have come as a bit of a jolt to read the start of the next paragraph: ‘A Jewish couple have had their divorce settlement under Beth Din, rabbinical law, approved by the High Court.’ As this indicates, the case (AI v MT [2013] EWHC 100 (Fam)) says nothing whatsoever about Sharia.”

Halsbury’s Law Exchange, 4th February 2013

Source: www.halsburyslawexchange.co.uk

Leveson report: Lords unveil proposals in frustration at lack of progress – The Guardian

Posted February 5th, 2013 in arbitration, bills, defamation, media, news, parliament, reports by tracey

“Frustration in the Lords at the lack of progress over the Leveson report has led four peers to table measures to introduce a low-cost arbitration service for defamation, as recommended by Lord Justice Leveson in the defamation bill.”

The Guardian, 4th February 2013

Source: www.guardian.co.uk

Steamy windows: Setting the correct temperature for hot tubbing in international arbitrations – Hardwicke Chambers

Posted January 17th, 2013 in arbitration, cross-examination, evidence, expert witnesses, news, tribunals, witnesses by sally

“Much has been written about this subject but for the uninitiated this taking of oral evidence (usually from experts) ‘hot tub’ style, means having expert witnesses being questioned and cross-examined together – firstly by the judge or arbitrators and then by the parties’ representatives themselves – and indeed even by each other! Known in polite circles as concurrent evidence, hot tubbing can be used to great effect in construction related disputes, such as those involving design and build issues, measurement disputes, delays, and financial loss.”

Hardwicke Chambers, 7th January 2013

Source: www.hardwicke.co.uk

Leveson’s media arbitration scheme – The Guardian

Posted December 19th, 2012 in arbitration, media, news, ombudsmen, reports by sally

“Lord Justice Leveson’s report recommends that claims against the press be resolved fairly, quickly and cheaply by means of an arbitration scheme established by a new (statutory) regulator.”

The Guardian, 19th December 2012

Source: www.guardian.co.uk

Arbitration update: Tang v Grant Thornton – provisions for conciliation or mediation of disputes prior to arbitration or court proceedings examined – Hardwicke Chambers

Posted December 4th, 2012 in arbitration, dispute resolution, enforcement, news by sally

“Tang Chung Wah and others v Grant Thornton and others [2012] EWHC 3198 (Ch)

In Tang, the Honourable Mr Justice Hildyard dismissed a claim under s. 67 of the Arbitration Act 1996 that a final LCIA Award should be found to be of no effect on grounds that the Tribunal had lacked substantive jurisdiction to determine the dispute in question.”

Hardwicke Chambers, 28th November 2012

Source: www.hardwicke.co.uk

Family Mediation – The option of first resort for separating couples? – Family Law Week

Posted November 27th, 2012 in arbitration, civil procedure rules, dispute resolution, divorce, families, news by sally

“Amina Somers, a consultant and mediator with Goodman Ray, asks whether the implementation of the Family Justice Review recommendations will see the court usurped by mediation as the primary dispute resolution process following relationship breakdown.”

Family Law Week, 26th November 2012

Source: www.familylawweek.co.uk

Mediation is the future, Falconer says – Law Society’s Gazette

Posted October 25th, 2012 in arbitration, equal pay, news, time limits by sally

“The Supreme Court’s equal pay ruling yesterday will lead to ‘billions and billions worth of claims’ Labour’s former lord chancellor has predicted. Lord Falconer … suggested that such claims be mediated rather than leaving them to the ‘vagaries of the legal system’, which he said would be costly and could take years.”

Law Society’s Gazette, 25th October 2012

Source: www.lawgazette.co.uk

Are contract clauses stating religion of arbitrator discriminatory? – The Guardian

Posted October 3rd, 2012 in arbitration, EC law, employment, equality, news, religious discrimination, Supreme Court by sally

“A complaint to the European Commission that the supreme court’s decision in Jivraj v Hashwani breaches European laws against discrimination may have major implications for equality and religious freedom.”

The Guardian, 3rd October 2012

Source: www.guardian.co.uk

Telegraph defends royal hairdresser libel case via Early Resolution scheme – Daily Telegraph

Posted September 4th, 2012 in arbitration, defamation, media, news by tracey

“The Daily Telegraph has successfully defended a libel action over an article about the Duchess of Cambridge’s hair, which was heard by an independent arbitrator rather than a high court judge.”

Daily Telegraph, 3rd September 2012

Source: www.telegraph.co.uk

Reform of the Process to Apply for Bankruptcy and Compulsory Winding Up – Hardwicke Chambers

Posted July 31st, 2012 in arbitration, bankruptcy, news, winding up by sally

“Earlier this year, Mr Edward Davey MP, Minister for Consumer Affairs at BIS, announced the launch of a 12 week consultation regarding the reform of the application process for bankruptcy and company winding up. The Insolvency Service noted that: ‘The consultation sets out proposals that aim to provide the most appropriate and efficient route into bankruptcy and winding up, and to ensure that the Court’s focus is on dispute resolution.'”

Hardwicke Chambers, 27th July 2012

Source: www.hardwicke.co.uk

Arbitration News: Sulamerica – the law governing an agreement to arbitrate – Hardwicke Chambers

Posted July 27th, 2012 in arbitration, conflict of laws, injunctions, insurance, news by sally

“In Sulamerica Cia Nacional De Seguros S.A. v Enesa Engenharia S.A. [2012] EWCA Civ 638 the Court of Appeal explored (amongst other things) the question of how the law governing an arbitration agreement in the absence of express choice is to be determined.”

Hardwicke Chambers, 18th July 2012

Source: www.hardwicke.co.uk

Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn – WLR Daily

Posted July 27th, 2012 in appeals, arbitration, jurisdiction, law reports by sally

Johann MK Blumenthal GmbH & Co KG and another v Itochu Corpn [2012] EWCA Civ 996; [2012] WLR (D) 225

“The Court of Appeal did not have jurisdiction to hear an appeal from a judge who had made a decision under section 18 of the Arbitration Act 1996 and had refused permission to appeal under section 18(5) of that Act.”

WLR Daily, 24th July 2012

Source: www.iclr.co.uk

«
1
…
9
10
11
12
13
14
15
16
17
18
19
»

Categories

Archives