Category: arbitration

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.

English court can’t stop Italian lawsuit despite arbitration agreement, ECJ says – OUT-LAW.com

Posted February 11th, 2009 in arbitration, conflict of laws, EC law, injunctions, news by sally

“An English court cannot order someone not to take action in an Italian court in a civil matter even though there was an agreement between the companies involved to settle disputes through arbitration in London, the ECJ has ruled.”

Full story

OUT-LAW.com, 11th February 2009

Source: www.out-law.com

Lawyers fear West Tankers ruling could harm London – The Times

Posted February 11th, 2009 in arbitration, news by sally

“London’s position as a leading centre for high-value commercial disputes was dealt a blow today by one of Europe’s highest courts.”

Full story

The Times, 10th February 2009

Source: www.timesonline.co.uk

City of London v Sancheti – Times Law Reports

Posted December 1st, 2008 in arbitration, law reports, stay of proceedings by sally

City of London v Sancheti

Court of Appeal

“A stay of an arbitration could be obtained only against a party to that arbitration agreement or a person claiming through such a party; a legal or commercial connection was not sufficient.”

The Times, 1st December 2008

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.

Mayor and Commonalty and Citizens of the City of London v Sancheti – WLR Daily

Posted November 25th, 2008 in arbitration, law reports, stay of proceedings by sally

Mayor and Commonalty and Citizens of the City of London v Sancheti [2008] EWCA Civ 1283; [2008] WLR (D) 364

“A stay under s 9 of the Arbitration Act 1996 could only be obtained against a party to an arbitration agreement or a person claiming through or under such a party and a mere legal or commercial connection was not sufficient.”

WLR Daily, 24th November 2008

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.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports

Posted November 12th, 2008 in arbitration, enforcement, law reports by sally

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation

Court of Appeal

“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”

The Times, 12th November 2008

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.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation – Times Law Reports

Posted November 11th, 2008 in arbitration, enforcement, law reports by sally

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation

Court of Appeal

“Only part of a foreign arbitration award governed by an international Convention could be enforced in England under the Arbitration Act 1996.”

The Times, 11th November 2008

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.

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn – WLR Daily

Posted October 24th, 2008 in arbitration, jurisdiction, law reports by sally

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corpn [2008] EWCA Civ 1157; [2008] WLR (D) 324

“Part of a New York Convention arbitration award could be enforced pursuant to the Arbitration Act 1996.”

WLR Daily, 23rd October 2008

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.

ETI Euro Telecom International NV v Republic of Bolivia and Another – Times Law Reports

Posted October 9th, 2008 in arbitration, injunctions, law reports by sally

ETI Euro Telecom International NV v Republic of Bolivia and Another

Court of Appeal

“International investment dispute arbitrations, not subject to any national law, were not legal proceedings that enabled an English court to grant injunctive relief to one party against the moneys of another in England pending the outcome of the arbitration.”

The Times, 9th October 2008

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.

ETI Euro Telecom International NV v Republic of Bolivia and another – WLR Daily

Posted July 30th, 2008 in arbitration, conflict of laws, freezing injunctions, law reports by sally

ETI Euro Telecom International NV v Republic of Bolivia and another [2008] EWCA Civ 880; [2008] WLR (D) 263

“International arbitration proceedings were not ‘proceedings’ for the purpose of s 25 of the Civil Jurisdiction and Judgments Act 1982 to enable the English court to grant interim relief to preserve the outcome of the arbitration proceedings. Where injunctive relief was sought in the English court, the claimant should deal both with state immunity from the adjudicative jurisdiction of the court and with state immunity from enforcement. The court should consider and decide the question of state immunity at as early a stage on the proceedings as practicable.”

WLR Daily, 29th July 2008

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.

Emmott v Michael Wilson & Partners Ltd – WLR Daily

Posted March 13th, 2008 in arbitration, confidentiality, disclosure, law reports by sally

Emmott v Michael Wilson & Partners Ltd [2008] EWCA Civ 184; WLR (D) 82

“The interests of justice required an English court to ensure as far as possible that parties to London arbitrations should not seek to use the cloak of confidentiality with a view to misleading foreign courts particularly where the cases being presented in the foreign courts raised essentially the same or similar allegations and were proceeding in parallel.”

WLR Daily, 12th March 2008

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.

C v D (London arbitration clause) – Times Law Reports

Posted January 16th, 2008 in arbitration, conflict of laws, contracts, law reports by sally

C v D (London arbitration clause)

Court of Appeal

“Although the governing law of a liability insurance contract was that of New York, where the contract contained a London arbitration clause, the parties were to be taken to have agreed that the arbitration award could be challenged only in English law proceedings because of the choice of London as the seat of the arbitration.”

The Times, 16th January 2008

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.

Sumukan Ltd v Commonwealth Secretariat (No 2)

Posted December 18th, 2007 in arbitration, law reports by sally

Sumukan Ltd v Commonwealth Secretariat (No 2)

Court of Appeal

“Failure to comply with proper procedure in appointing an arbitrator rendered the appointment invalid and the award a nullity.”

The Times, 18th December 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.

How to … run a case – The Times

Posted December 17th, 2007 in arbitration, special report by sally

“Laurence Shore, Herbert Smith’s head of international aribtration, explains how to successfully manage a commercial dispute.”

Full story

The Times, 17th December 2007

Source: www.timesonline.co.uk

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

Posted October 25th, 2007 in arbitration, bribery, charterparties, jurisdiction, law reports, stay of proceedings by sally

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.