C v D – WLR Daily

Posted December 7th, 2007 in arbitration, conflict of laws, contracts, law reports by sally

C v D [2007] EWCA Civ 1282

“Parties to a liability insurance contract in the Bermuda form providing for the contract to be governed by New York law but with arbitration in London were to be taken as having agreed, by choosing London as the seat of the arbitration, that proceedings on the arbitration award were only those permitted by English law.”

WLR Daily, 6th December 2007

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.

Sumukan Ltd v Commonwealth Secretariat (No 2) – WLR Daily

Posted November 19th, 2007 in arbitration, law reports by sally

Sumukan Ltd v Commonwealth Secretariat (No 2) [2007] EWCA Civ 1148

“Where a contract contained a clause expressly providing for arbitration before a tribunal established according to the defendant’s rules, and one of the arbitrators was not validly appointed under those rules, the non-compliance rendered that arbitrator’s participation unlawful and the award a nullity. If the claimant could not with reasonable diligence have discovered the lack of validity within s 73 of the Arbitration Act 1996, the arbitrators lacked substantive jurisdiction under s 67 of the 1996 Act and the award would be set aside.”

WLR Daily, 16th November 2007

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.

Bandwidth Shipping Corporation v Intaari – Times Law Reports

Posted October 31st, 2007 in arbitration, law reports by sally

Whether arbitrator realised counsel had missed a point

Bandwidth Shipping Corporation v Intaari

Court of Appeal

“If an arbitrator appreciated that a party had missed a point then fairness required him to raise it so that the party could deal with it. But with no such appreciation, it was not unfair to leave it to counsel, particularly highly experienced counsel, to take such points as he wished.”

The Times, 31st October 2007

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.

Fiona Trust and Holding Corporation and Others v Privalov and Others – Times Law Reports

Bribery dispute is within scope of charterparty

Fiona Trust and Holding Corporation and Others v Privalov and Others

House of Lords

“A dispute as to whether a charterparty contract had been validly rescinded for alleged bribery came within the scope of an arbitration term in the contract.”

The Times, 25th October 2007

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.

Bandwidth Shipping Corpn v Intaari – WLR Daily

Posted October 22nd, 2007 in arbitration, law reports by sally

Bandwidth Shipping Corpn v Intaari [2007] EWCA CIV 998

An application under s 68 of the Arbitration Act 1996 to remit an arbitration award on the grounds of the tribunal’s unfairness faced a high hurdle. If an arbitrator appreciated that a party had missed a point then fairness required the arbitrator to raise it so that the party could deal with it. But where there was no such appreciation it was not unfair to leave it to counsel, particularly highly experienced counsel who showed a detailed knowledge of the case, to take such points as he wished.”

WLR Daily, 22nd October 2007

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.

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) – WLR Daily

Fili Shipping Co Ltd v Premium Nafta Products Ltd (on appeal from Fiona Trust and Holding Corpn v Privalov) [2007] UKHL 40

“A dispute as to whether a charterparty contract could be rescinded for alleged bribery came within the scope of an agreement in the charterparty to submit to arbitration any dispute arising under the contract.”

WLR Daily, 17th October 2007

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.

Boost for arbitration after landmark ruling – The Times

Posted October 18th, 2007 in arbitration, news by sally

“London’s hopes of becoming the world’s pre-eminent centre for arbitration were boosted as the UK’s highest court officially embraced the alternative method of settling disputes.”

Full story

The Times, 17th October 2007

Source: www.timesonline.co.uk

ASM Shipping Ltd of India v. Harris and Others – Times Law Reports

Posted August 6th, 2007 in arbitration, bias, law reports by sally

Arbitrators not tainted by association

ASM Shipping Ltd of India v Harris and Others

“It was not the case that where one member of a tribunal was tainted by apparent bias that the whole tribunal was thereby affected.”

The Times, 6th August 2007

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.

Arbitration cost to come under CEDR microscope – LegalWeek

Posted July 10th, 2007 in arbitration, news by michael

“The cost and speed of international arbitration will be discussed at the first meeting of the Centre for Effective Dispute Resolution (CEDR) Commission on Settlement in International Arbitration today.”

Full story

LegalWeek, 10th July 2007

Source: www.legalweek.com   

Sumukan Ltd. v. Commonwealth Secretariat – Times Law Reports

Posted April 13th, 2007 in appeals, arbitration, law reports by sally

Power to hear appeal on whether exclusion agreement valid

Sumukan Ltd. v. Commonwealth Secretariat

Court of Appeal

“The Court of Appeal had jurisdiction to determine an appeal from a judge’s decision on whether the parties to an arbitration agreement had agreed to exclude an appeal to a court on a point of law under section 69 of the Arbitration Act 1996.”

The Times, 13th April 2007

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.

Stretford v. Football Association Ltd. and Another – Times Law Reports

Posted April 13th, 2007 in arbitration, human rights, law reports by sally

Parties to an arbitration waive Convention right to fair trial

Stretford v. Football Association Ltd. and Another

Court of Appeal

“An arbitration agreement in the rules of a national football association did not contravene the right to a fair trial guaranteed by article 6 of the European Convention on Human Rights.”

The Times, 13th April 2007

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.