Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan – WLR Daily

Posted November 5th, 2010 in arbitration, enforcement, jurisdiction, law reports, Pakistan by sally

Dallah Real Estate and Tourism Holding Co v Ministry of Religious Affairs, Government of Pakistan [2010] UKSC 46; [2010] WLR (D) 279

“When an English court was asked to enforce a foreign arbitration award made against a non-signatory to the contract containing the arbitration clause, whom the arbitral tribunal had determined had been a party to the contract, the court would, if the enforcement claim was challenged, determine anew the question as to whether or not the non-signatory had been a party.”

WLR Daily, 4th November 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH – WLR Daily

Posted October 14th, 2010 in arbitration, contracts, jurisdiction, law reports, setting aside by sally

Broda Agro Trade (Cyprus) Ltd v Alfred C Toepfer International GmbH [2010] EWCA Civ 1100; [2010] WLR (D) 246

“A party who had been named in arbitration proceedings could simply ignore the arbitration proceedings if he considered that he had not entered into the agreement and come to court to challenge the jurisdiction of the arbitral tribunal; but if he had taken part in the proceedings disputing the jurisdiction of the court or the tribunal’s exercise of their asserted substantive jurisdiction, his right was limited to challenging the award under s 67 of the Arbitration Act 1996.”

WLR Daily, 13th October 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Courts should be a last resort says minister – Ministry of Justice

Posted September 20th, 2010 in arbitration, dispute resolution, news by sally

“Minister Jonathan Djanogly has said that more use should be made of mediation as an alternative to using courts in civil and family justice disputes.”

Full story

Ministry of Justice, 20th September 2010

Source: www.justice.gov.uk

What isn’t wrong with Sharia law? – The Guardian

Posted July 6th, 2010 in arbitration, children, islamic law, news, tribunals, women by sally

“To safeguard our rights there must be one law for all and no religious courts.”

Full story

The Guardian, 5th July 2010

Source: www.guardian.co.uk

Bilta (UK) Ltd (in liquidation) v Nazir and others – WLR Daily

Bilta (UK) Ltd (in liquidation) v Nazir and others [2010] EWHC 1086 (Ch); [2010] WLR (D) 129

“An application for a stay of legal proceedings made under s 9 of the Arbitration Act 1996 was not subject to the procedural rules contained in CPR Pt 11 for challenging the jurisdiction of the court. An application for an extension of time to serve the defence was not a step in the proceedings to answer the substantive claim and the defendant was not debarred from seeking a stay by s 9(3) of the Act.”

WLR Daily, 19th May 2010

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Educating future mediators – Speech by Lord Neuberger, Master of the Rolls

Posted May 12th, 2010 in arbitration, legal education, speeches by sally

“Educating future mediators – speech by Lord Neuberger at the Fourth Civil Mediation Council National Conference on 11th May 2010.”

Full speech

Judiciary of England and Wales, 11th May 2010

Source: www.judiciary.gov.uk

Mayor threatens Tube legal action over £4.4bn ruling – BBC News

“Mayor of London Boris Johnson is considering legal action after it was ruled Underground maintenance firm Tube Lines’ costs should be £4.46bn.”

Full story

BBC News, 10th March 2010

Source: www.bbc.co.uk

Midgulf International Ltd v Groupe Chimique Tunisien – WLR Daily

Posted February 12th, 2010 in appeals, arbitration, documents, injunctions, law reports by sally

Midgulf International Ltd v Groupe Chimique Tunisien [2010] EWCA Civ 66; [2010] WLR (D) 34

“Where the court had found that there was a valid contract governed by English law to conduct arbitration of disputes in England, it would be inappropriate for one party to the contract to seek a foreign court to declare that there was no such agreement and the English Court could restrain that party who had submitted to the jurisdiction of English court from instituting or continuing the action in the foreign court contrary to the arbitration agreement.”

WLR Daily, 11th February 2010

Source: www.lawreports.co.uk

Please note once a case has been reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Fundamental review of the family justice system announced – Ministry of Justice

“An expert panel will examine reform of the current family justice system in England and Wales so that it better supports children and parents under a wide-ranging review announced by the Ministry of Justice today.”

Full press release

Ministry of Justice, 20th January 2010

Source: www.justice.gov.uk

National Ability SA v Tinna Oils & Chemicals Ltd – WLR Daily

Posted December 17th, 2009 in arbitration, enforcement, law reports, limitations by sally

National Ability SA v Tinna Oils & Chemicals Ltd [2009] EWCA Civ 1330; [2009] WLR (D) 36

“An application to enforce an arbitration award in the same manner as a judgment under the procedure set out in s 26 of the Arbitration Act 1950 and s 66 of the Arbitration Act 1996 was subject to the same limitation period of six years under s 7 of the Limitation Act 1980 as an ordinary action on the award.”

WLR Daily, 14th December 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Woolf calls for arbitration overhaul as he launches new guidance – Law Society’s Gazette

Posted December 4th, 2009 in arbitration, news by sally

“International arbitration has ‘lost its way’, the former lord chief justice Lord Woolf (pictured) told the Gazette this week, as he launched a set of guidelines which will build mediation into the arbitration process.”

Full story

Law Society’s Gazette, 3rd December 2009

Source: www.lawgazette.co.uk

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan – WLR Daily

Posted July 22nd, 2009 in arbitration, estoppel, jurisdiction, law reports, Pakistan by sally

Dallah Estate and Tourism Holding Co v Ministry of Religious Affairs of the Government of Pakistan [2009] EWCA Civ 755; [2009] WLR (D) 2

“When a court was reviewing an international arbitration award made under ss 100–103 of the Arbitration Act 1996 careful attention was to be accorded to the type of hearing and the standard of proof required to establish that an award was “not valid” for the purposes of s 103(2)(b) of the 1996 Act. Further, when an assertion of estoppel was made, going to the matter of non-validity, the fact that the jurisdiction of the arbitral tribunal was founded on consent, rather than legislation, could be critical.”

WLR Daily, 21st July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Syska and another v Vivendi Universal SA and others – WLR daily

Posted July 13th, 2009 in arbitration, EC law, insolvency, jurisdiction, law reports by sally

Syska and another v Vivendi Universal SA and others [2009] EWCA Civ 677; [2009] WLR (D) 236

“Where a party to an arbitration reference became insolvent in an EU member state while the arbitration proceedings were pending in another member state, the appropriate law applicable to determine the validity of the agreement to progress the arbitration was the law of the member state where the arbitration was pending.”

WLR Daily, 10th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Football teams club together to win groundbreaking WIPO domain name case – OUT-LAW.com

Posted May 20th, 2009 in arbitration, domain names by sally

“Some of England’s biggest football clubs have become the first companies to band together to win case under the best-known arbitration system for domain name disputes.”

Full story

OUT-LAW.com, 19th May 2009

Source: www.out-law.com

London arbitration court opens in India – The Times

Posted April 21st, 2009 in arbitration, India, news by sally

“Dignitaries representing the British and Indian legal professions gathered in New Delhi this weekend to mark the latest step in the opening of the prized Indian legal services market to foreign law firms.”

Full story

The Times, 20th April 2009

Source: www.timesonline.co.uk

EDO Corpn v Ultra Electronics Ltd – WLR Daily

Posted April 2nd, 2009 in arbitration, disclosure, law reports, pre-action conduct by sally

EDO Corpn v Ultra Electronics Ltd [2009] EWHC 682 (Ch); [2009] WLR (D) 114

The procedure for pre-action disclosure provided by s 33(2) of the Supreme Act 1981 was not available to a party where the underlying dispute he might have with the proposed defendant arose out of a contract which required any dispute to be determined by arbitration.”

WLR Daily, 1st April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Youell and Others v La Reunion Aerienne – Times Law Reports

Posted March 27th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Youell and Others v La Reunion Aerienne

Court of Appeal

“The mere fact that a claim was the subject of an arbitration agreement did not deprive a court, which could otherwise determine the substance of the claim, of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters, the Brussels I Convention.”

The Times, 27th March 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Youell v La Reunion Aerienne – WLR Daily

Posted March 13th, 2009 in arbitration, EC law, jurisdiction, law reports, stay of proceedings by sally

Youell v La Reunion Aerienne [2009] EWCA Civ 175; [2009] WLR (D) 95

Where a court could otherwise determine the substance of a claim, the mere fact that the claim was the subject of an arbitration agreement did not deprive the court of its jurisdiction under Council Regulation (EC) 44/2001 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters. What was critical was the nature of the claim.”

WLR Daily, 12th March 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

 

Allianz SpA and Another v West Tankers Inc – Times Law Reports

Posted February 13th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and Another v West Tankers Inc

Court of Justice of the European Communities

“It was not open to a court in one European Union member state to order a party in a case before it to discontinue proceedings begun by that party in another member state on the ground that the parties had agreed to refer any disputes between them to arbitration in the first state.”

The Times, 13th February 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Allianz SpA and another v West Tankers Inc – WLR Daily

Posted February 12th, 2009 in arbitration, conflict of laws, EC law, injunctions, law reports by sally

Allianz SpA and another v West Tankers Inc (Case C-185/07); [2009] WLR (D) 44

“It was incompatible with Regulation 44/2001 for a court of an EC member state to make an order to restrain a person from commencing or continuing proceedings before the courts of another member state on the ground that such proceedings would be contrary to an arbitration agreement.”

WLR Daily, 11th February 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.