Searching Content indexed under Arbitration & Dispute Resolution by Barlow Lyde & Gilbert LLP ordered by Published Date Descending.
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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.
26 Sep 2011
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
15 Sep 2011
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.
15 Sep 2011
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.
15 Sep 2011
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.
15 Sep 2011
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.
16 Aug 2011
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
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.
3 Aug 2011
Commercial Dispute Resolution Briefing, July 2011
In stark contrast to the decision by the UK Supreme Court last year not to enforce a French arbitration award granted against the Government of Pakistan, the French Court of Appeal recently ruled in favour of enforcing it.
28 Jul 2011
Prosecuting Insider Dealing - A Third Way?
In the recent case of Securities and Futures Commission v Tiger Asia Management LLC & Ors [2011] HKEC 824 (the Tiger Asia case).
21 Jul 2011
The English And Scottish Law Commissions' Proposals For Reform
With the Law Commissions now some way through their review of domestic insurance contract law, we pause to reflect on the progress so far and the proposals and recommendations made to date.
7 Jun 2011
Accountants, Tax Advice And Legal Advice Privilege
In Prudential Plc & Anor v Special Commissioner of Income Tax & Anor [2010] STC 2802 (the Prudential case), the English Court of Appeal decided that the protection afforded by legal advice privilege did not extend to confidential documents passing between an accountant and a client for the purpose of giving or receiving legal advice on tax matters.
Hong Kong
24 May 2011
Giving Weight To Arbitration Clauses
When a contract such as a charterparty is being negotiated, it is common for the parties to agree to include either an exclusive choice of court or an arbitration clause to pre-empt jurisdictional disputes that may arise in the future.
2 May 2011
Commercial Dispute Resolution Briefing | January 2011
This case constitutes a rare refusal by the English courts to enforce an international arbitration award and confirms that the English courts will consider afresh the validity of the arbitration agreement at the point of enforcement.
3 Feb 2011
European Parliament Recommends that the Effect of the "FRONT COMOR" be Reversed
Regulation 44/2001 has recently been the focus of the European Parliament's attention and has resulted in a Resolution addressing a number of areas that may need improving.
24 Jan 2011
Asia Update - Singapore International Arbitration Centre (SIAC) Rules 2010
Following hot on the heels of modernising amendments made to Singapore's International Arbitration Act ("IAA") at the beginning of last year, the SIAC published a new set of rules earlier last summer (the "Rules").
24 Jan 2011
Measured Duty of Care
Liability in tort can arise not just for the causer of a private nuisance but also for the landowner that fails to act in a way that satisfies its "measured duty of care.
20 Dec 2010
Litigation Trends – October 2010
The Ministry of Justice’s latest report on judicial and court activity in England and Wales for the year 2009 was published on 23 September 2010.
12 Oct 2010
FOB Contract - Rights and Obligations of Buyer and Seller Re-Examined
A trading dispute under an FOB contract provides the opportunity to clarify a number of issues including the role of local custom in the nomination of a port, whose right it is to nominate a loading place within a port, the nomination of a vessel incapable of loading at the original loading place and the nomination of a vessel incapable of performing the shipment.
21 Sep 2010
To Settle or Not to Settle...
Although litigators are usually much better at making attendance notes than their corporate counterparts, it is less common to make attendance notes of successful settlement discussions. This can mean, however, that the solicitor is exposed to liability if the client changes their mind.
16 Sep 2010
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