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.


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