Archive for the 'arbitration' Category

Clarke stamping out compensation culture fears – Ministry of Justice

“Fears that a damaging compensation culture and an unwieldy justice system is costing businesses millions of pounds and deterring deserving individuals from using the justice system are to be tackled under plans announced today.”

Full press release

Ministry of Justice, 29th March 2011

Source: www.justice.gov.uk

Grandparents to get legal powers over access in divorce battles – Daily Telegraph

“Grandparents will get new legal powers to guarantee them access to their grandchildren following divorce battles under proposals unveiled today, The Daily Telegraph can disclose.”

Full story

Daily Telegraph, 31st March 2011

Source: www.telegraph.co.uk

Family lawyers face up to challenges ahead – Law Society’s Gazette

“Family law is facing an unprecedented year of change, with practitioners under intense pressure to be innovative if they want to maintain the viability of their practices. Some family law departments are already downsizing, or are being closed, as experienced practitioners move firms or set up their own niche practices. However, others are embracing change and are among their firms’ top teams in terms of fee income and profitability.”

Full story

Law Society’s Gazette, 17th March 2011

Source: www.lawgazette.co.uk

Fulham Football Club (1987) Ltd v Sir David Richards and another – WLR Daily

Fulham Football Club (1987) Ltd v Sir David Richards and another [2010] EWHC 3111 (Ch); [2010] WLR (D) 312

“The statutory right conferred on a member of a company to present an unfair prejudice petition under s 994 of the Companies Act 1996 was not an inalienable one: members of companies and the companies themselves could agree to refer disputes that might otherwise support unfair prejudice petitions to arbitration, provided that the types of remedies sought were not, inter alia, in a category that was limited by public policy or sought to bind third parties or affected the public at large, so as to limit the scope of the available arbitrations.”

WLR Daily, 2nd December 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.

English court intervenes to stop Indian case going ahead – OUT-LAW.com

“An Indian solar panels manufacturer cannot continue legal action in India because to do so would undermine an earlier English court ruling, the High Court in London has ruled.”

Full story

OUT-LAW.com, 10th November 2010

Source: www.out-law.com

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

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

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

“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

“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

“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

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

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

“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

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

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

“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

“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

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

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

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

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

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

“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

“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

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

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

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

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

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

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

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

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

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)

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

“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

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

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

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

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

“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

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

“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

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

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.


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