‘Where the claimant in an arbitration ceases to exist, it is usually the respondent who contends that the arbitration has been or should be brought to an end. There may then be an issue whether the claimant’s claim in arbitration can survive by, for example, a principle of universal succession (Eurosteel Ltd v Stinnes AG [2000] CLC 470).’
Law Society's Gazette, 4th September 2017
Source: www.lawgazette.co.uk
‘In May this year I blogged about the case of Thakkar v Patel [2017] EWCA Civ 117 as an example of a case in which the Court of Appeal was encouraging parties to mediate their dispute or face serious cost consequences [Mediation? “Get on with it” says the Court of Appeal]. In that case the Court found that mediation was “obviously appropriate” and did not occur because of lack of co-operation by the defendant. I commented then that “no two cases are the same”. Now along comes the case of Gore v Naheed [2017] EWCA Civ 369.’
Garden Court Chambers, 26th June 2017
Source: gardencourtmediation.co.uk
‘A ship owner who sold a vessel after a charterer breached its contract, making more money than it would have done selling the ship at the end of the breached contract, does not have to offset that difference in value against its claim for loss of earnings, the Supreme Court has ruled.’
OUT-LAW.com, 29th June 2017
Source: www.out-law.com
‘A Court of Appeal decision upholding the parties’ choice to use English law under a swap agreement will provide some relief to financial firms despite the ongoing uncertainty around the UK’s decision to leave the EU, an expert has said.’
OUT-LAW.com, 21st June 2017
Source: www.out-law.com
‘This paper is the second in a series to be published on the Sports Law Bulletin following presentations made at Blackstone Chambers’ Integrity in Sport – the Battleground seminar on 30th March 2017.’
Blackstone Chambers, 31st May 2017
Source: www.sportslawbulletin.org
‘Catriona Stewart discusses the possible cost consequences of delayed or abandoned mediation attempts.’
New Law Journal, 19th May 2017
Source: www.newlawjournal.co.uk
‘Litigants who shun mediation because they want their day in court should not be penalised for their conduct, a Court of Appeal judge has suggested.’
Litigation Futures, 25th May 2017
Source: www.litigationfutures.com
‘Three oil mining companies have been held in contempt of court by a High Court judge after they breached an injunction preventing certain commercial activities while arbitration was ongoing.’
OUT-LAW.com, 18th May 2017
Source: www.out-law.com
‘The Housing Grants, Construction and Regeneration Act 1996 (as amended)(“the Construction Act”) implies terms concerning payment and the right to adjudicate in construction contracts. Despite this Act being primarily concerned with construction contract issues, insolvency practitioners are becoming increasingly familiar with its provisions because of the rights to payment the Act creates. These rights are increasingly being used as a basis to commence insolvency proceedings.’
Hardwicke Chambers, 24th April 2017
Source: www.hardwicke.co.uk
‘Finnish mobile device manufacturer Nokia was due to argue that Apple has infringed one of its technology patents before the High Court in London on Friday.’
OUT-LAW.com, 7th April 2017
Source: www.out-law.com
‘What happens if a party to arbitral proceedings decides to commence an arbitration claim in the High Court (CPR part 62) but subsequently files and serves a notice of discontinuance? Will the claim be automatically discontinued with the usual cost consequences? And what approach will the court take if the other side decides to apply to have the notice set aside? These issues were considered in National Iranian Oil Company v (1) Crescent Petroleum Company International Ltd (2) Crescent Gas Corporation Lid [2016] EWHC 1900 (Comm).’
Law Society’s Gazette, 13th March 2017
Source: www.lawgazette.co.uk
‘The decision of the High Court in Microsoft Mobile Oy (Ltd) v Sony offers some helpful guidance as to when a competition law tort claim will be caught by an arbitration clause in a sale or supply agreement.’
Competition Bulletin from Blackstone Chambers, 7th March 2017
Source: www.competitionbulletin.com
‘Speech by the Lord Chief Justice: Grand Court of the Cayman Islands guest lecture 2017.’
Courts and Tribunals Judiciary, 7th march 2017
Source: www.judiciary.gov.uk
‘Whatever your opinion on the ethical implications of third party funding in international arbitration, the past six months have seen two firm nods in its favour. These have signaled that, as a method of financing arbitration, it is here to stay.’
Hardwicke Chambers, 25th January 2017
Source: www.hardwicke.co.uk
‘Judgment in the case of Kersfield Developments (Bridge Road) Ltd v Bray & Slaughter Ltd, handed down on 19 January 2017, is a new authority in the line of case law providing guidance on the provisions governing interim payments in Construction Contracts in the Housing Grants, Construction and Regeneration Act 1996, as amended (“the Act”).’
Hardwicke Chambers, 2nd February 2017
Source: www.hardwicke.co.uk
‘The partial resolution of the dispute between Southern Rail and trade union representatives for its drivers and conductors provides an “interesting contrast and lessons” for both employers and unions, an expert has said.’
OUT-LAW.com, 6th February 2017
Source: www.out-law.com
‘Costs information that was provided for the purposes of a confidential mediation could later be used in the assessment of costs, Master Haworth in the Senior Courts Costs Office has decided.’
Litigation Futures, 23rd January 2017
Source: www.litigationfutures.com
‘On 3 October 2016, the President of the Employment Tribunals, Judge Brian Doyle, issued presidential guidance on a newly introduced process of judicial assessment.’
Littleton Chambers, 18th November 2016
Source: www.littletonchambers.com
‘Alexander Nissen QC’s recent decision in Spartafield Ltd v Penten Group Ltd brings a degree of finality to the long-running dispute between these two parties. It comes after multiple adjudications and previous proceedings in the TCC. Back in March, my colleague Ebony Alleyne discussed what was then the most recent judgment, dealing with the enforcement of an adjudicator’s decision.’
Hardwicke Chambers, 2nd November 2016
Source: www.hardwicke.co.uk
‘Can a successful claimant recover the costs of a funding agreement from the defendant? No in litigation but yes in arbitration, according to the Commercial Court in Essar Oilfields Services Limited v Norscot Rig Management PVT Limited. This decision has sent shockwaves through the arbitration community.’
Hardwicke Chambers, 25th October 2016
Source: www.hardwicke.co.uk
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