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Searching Content indexed under Litigation, Mediation & Arbitration by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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1
Advance Payment Guarantees Survive Novation Of Shipbuilding
The Court of Appeal rejects a guarantor's attempts to deny its liability under Advance Payment Guarantees following the novation of shipbuilding contracts under Korean law.
UK
26 Sep 2011
2
Who's Suing Whom In The TCC In 2011?
Although the High Court may not yet be the domain of hashtags and the twitterati, the last two months have seen the publication of important reports which allow us to see what is "trending" in the world of litigation.
UK
26 Sep 2011
3
Missed Sea Trial Dates Lead To Rescission Of Contracts
A ship buyer succeeded in its claim to rescind two shipbuilding contracts following the shipbuilder's failure to comply with the agreed sea trial dates.
UK
26 Sep 2011
4
Parties' Performance Brings Contract To Life
TTMI challenged the decision of an arbitrator to strike out its claim against Statoil ASA (Statoil) on the ground that there was no contract between the two parties and therefore no arbitration agreement.
UK
26 Sep 2011
5
Asia Update
Triple whammy arising out of charterparty arbitration award. The Hong Kong Court dismisses a court action that seeks to re-litigate matters already decided in an arbitration between related parties.
UK
26 Sep 2011
6
Set-Off Right Applied In Separate Financial Transactions
This case addressed, amongst other things, the question of whether a right of set-off in respect of sums owed under an ISDA agreement could be exercised against sums due under an unrelated letter of credit.
UK
15 Sep 2011
7
High Court Grants "Anti-Arbitration" Injunction In Support Of UK Court Proceedings
An unusual decision in which the High Court saw fit to grant an injunction against the continuation of arbitration proceedings in Hungary, on the ground that the circumstances were sufficiently exceptional to justify such an order.
UK
15 Sep 2011
8
NOR Valid Despite Inclement Weather
The dispute concerned the interpretation of the laytime and demurrage terms under a CIF contract. Suek AG v Glencore International AG (2011).
UK
15 Sep 2011
9
Court Rules On The Meaning Of A 100 Per Cent Notation In An Energy Reinsurance Policy
Two different views on the meaning of the term "100 per cent" in an energy facultative reinsurance policy were examined by the Commercial Court.
UK
15 Sep 2011
10
Calculations Upon Termination Of ISDA Master Agreement
Forward Freight Agreements which still had contract months to run at the time of Automatic Early Termination under an ISDA Master Agreement were to be included in calculating the Early Termination. Payment
UK
15 Sep 2011
11
No Proper Paperwork, No Binding Contract
The Commercial Court reverses six arbitration awards and holds that no binding contracts were formed between the parties in the absence of contracts prepared and signed in accordance with terms agreed during negotiations.
UK
15 Sep 2011
12
Anti-Suit Injunctions In Favour Of Arbitration Agreements Reinforced
The Court of Appeal confirms that English courts may impose anti-suit injunctions in respect of foreign proceedings to prevent a breach of an arbitration agreement even in circumstances where there is no actual or intended arbitration.
UK
15 Sep 2011
13
Sanctions For False Statements Of Truth
A court in Hong Kong has recently handed down significant custodial sentences (imprisonment) on two defendants who deliberately made or caused to be made false statements in court documents required to be verified by Statements of Truth.
Hong Kong
15 Sep 2011
14
Chinese Government Confirms Foreign State Immunity Is Absolute
In the landmark case of Democratic Republic of the Congo & Ors v FG Hemisphere Associates LLC [2011] HKEC 747 the Court of Final Appeal of Hong Kong (the Court) for the first time in its history sought clarification of provisions of Hong Kong’s Basic Law from the Standing Committee of the National People’s Congress (the SCNPC) on behalf of the Chinese Government.
China
12 Sep 2011
15
IP Update: Service Providers, Shampoo And Stormtroopers
The last weeks of the court term saw a number of high profile and significant rulings from four different courts in relation to intellectual property matters.
UK
12 Sep 2011
16
Freedom To Choose
The freedom of parties to specify the arbitrators they can choose was decisively upheld by the UK's Supreme Court on 27 July 2011 in Jivraj v Hashwani. The ruling overturns the widely criticised Court of Appeal decision that an arbitration clause in a joint venture agreement was void for non-compliance with regulations implementing EU equality laws.
UK
16 Aug 2011
17
Reminder – New Arbitration Ordinance In Force In Hong Kong
As with the construction of Hong Kong's international airport in the 1990s, the round of new construction projects launched by the Hong Kong Government in the last few years seem destined to result in more grievances and, therefore, delays with some of these projects.
Hong Kong
10 Aug 2011
18
Public Authority Liability Update - Summer 2011 - A Tale Of Two Strike Outs
Following the well known decision in JD v East Berkshire Community Health NHS Trust (2005), the High Court has rejected an attempt by a claimant to impose a duty of care on a social services department in circumstances where there was a conflict of interest between the claimant and his daughter.
UK
3 Aug 2011
19
Litigation Trends - July 2011
Statistics for judicial and court activity in England and Wales have been published by the Ministry of Justice for the year 2010. The report, which was published on 8 July 2011, nearly three months earlier than previous years' reports, indicates a fall in the number of claims being brought across the board.
UK
3 Aug 2011
20
Laptops For Work – Expectations Of Privacy
As an international financial centre, Hong Kong has one of the most transient and mobile workforces and one of the highest concentrations of information technology (IT) use in the workplace.
Hong Kong
31 Jul 2011
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