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CV Stealth - Arrest of vessel under Shelltime 4 - causation
Sunday, November 19, 2017 7:00 PM
By way of follow up to our blog on this matter dated 3 May 2016, the Commercial Court heard a further arbitration appeal earlier this month arising

Relief and confidentiality: Sowden v Smyth-Tyrrell and UMS Holdings Ltd v Great Station Properties SA
Sunday, November 19, 2017 7:00 PM
Two recent decisions of the High Court have provided salutary illustrations, reminders and guidance as to substantive and procedural aspects of

Glencore Agriculture v Conqueror Holdings: Judge holds that arbitration notice was not effectively served on a party's employee
Sunday, November 19, 2017 7:00 PM
The claimant company sought to set aside an arbitration award on the basis that it had taken no part in the proceedings because it had been unaware of

Suspension without pay: Delays caused by employees will cost them
Sunday, November 19, 2017 7:00 PM
Drawn-out, expensive suspensions are a creeping phenomenon. Whilst there is an onus on the employer to deal with labour disputes “expeditiously”, many

Making the most of Cost Budgeting
Sunday, November 19, 2017 7:00 PM
Love it or loathe it (for most it is the latter), cost budgeting is here for the foreseeable future. It can be a time consuming and tiresome exercise

Arbitration Proceedings in Yemen - Part VI
Saturday, November 18, 2017 7:00 PM
This sixth post of the Arbitration Proceedings in Yemen will be discussing issues related to the requirements for the issuance of an arbitral award

High Court Ruling Helps Protect Confidentiality of Arbitral Awards
Thursday, November 16, 2017 7:00 PM
The High Court recently held that a party was not free to disclose an arbitral award even though that award had already entered the public domain

Oil & Gas JOA Defaults: English Court of Appeal upholds restraint of remedies
Thursday, November 16, 2017 7:00 PM
The Court of Appeal has upheld a decision of the High Court in which an oil company was found in contempt of court for holding an operating committee

Judicial review - second bite of the cherry on FOS decision?
Thursday, November 16, 2017 7:00 PM
What is the appropriate method of challenging a legally binding award made by the Financial Ombudsman Service (FOS)? The usual answer is to pursue an

A Comprehensive and Progressive Agreement for Trans-Pacific Partnership
Thursday, November 16, 2017 7:00 PM
The ministers responsible for the Trans-Pacific Partnership (TPP) of 11 countries have announced that the core elements of a Comprehensive

Enforcing oil and gas arbitral awards against ‘award proof’ parties
Wednesday, November 15, 2017 7:00 PM
The Supreme Court’s ruling in Taurus Petroleum Ltd v State Oil Marketing Co of the Ministry of Oil, Republic of Iraq (“Taurus v SOMO”) has made a

Recoverability of adjudication costs: "Can't hear Lulu no more"
Wednesday, November 15, 2017 7:00 PM
In this series we have already looked at Lulu v Mulalley and Wes Futures v Allen Wilson, following which we predicted that, while parties to

Jura novit curia in Swedish arbitration
Wednesday, November 15, 2017 7:00 PM
In 2017 the Svea Court of Appeal rejected City Säkerhet i Stockholm AB's motion to set aside the arbitral award in City Säkerhet i Stockholm AB v

GAO Finds That Proposal’s Mention of Arbitration Agreements Warrants Sustaining Protest
Wednesday, November 15, 2017 7:00 PM
On October 16, 2017, the U.S. Government Accountability Office ("GAO") sustained a protest by L3 Unidyne, Inc. ("L3") challenging a task order issued

California Court Tosses Arbitration Agreement ‘Permeated’ by Unconscionability
Wednesday, November 15, 2017 7:00 PM
Concluding that an arbitration agreement was both substantively and procedurally unconscionable, a California appellate panel affirmed denial of an

Substituting works for self-employed
Wednesday, November 15, 2017 7:00 PM
Finally a decision that a ‘gig’ company is not employing workers. It’s a case that has made headlines as it is the first to go against the trend that

Good Faith, Bad Faith, No Faith: Will a Subjective Good Faith Standard Influence How Litigants Approach Mediation?
Wednesday, November 15, 2017 7:00 PM
Mediation as a dispute resolution mechanism does not succeed because courts, statutes, or rules impose a good faith standard on participants or

Does an arbitrator's nationality constitute a restriction on appointment?
Wednesday, November 15, 2017 7:00 PM
The constitution of an arbitral tribunal is one of the first steps in arbitration. Further, considering the serious consequences that it can have on

England and Wales: Lawyers do not qualify as arbitrators under soon to be replaced JELC clauses
Wednesday, November 15, 2017 7:00 PM
This was an application to the High Court arising out of a reinsurance arbitration concerning the liabilities of the Port Authority of New York

Service of Arbitration Notice
Wednesday, November 15, 2017 7:00 PM
The case looks at the question of when notices of arbitration passed to a counterparty’s agent can be considered effective service on the

Effective Enforcement - Third Party Debt Orders and Letters of Credit
Wednesday, November 15, 2017 7:00 PM
The power of the English courts to enforce arbitration awards and court judgments by intercepting funds payable to judgment and award debtors has

Hot Topics: Energy
Tuesday, November 14, 2017 7:00 PM
On 10 November, the European Commission issued a press release announcing that it had concluded that Spain's scheme supporting electricity generation

Battle of the workers - Deliveroo ruling shakes up the gig economy
Tuesday, November 14, 2017 7:00 PM
Deliveroo riders have been told by the Central Arbitration Committee that they are not workers and therefore are not entitled to benefit from sick pay

General Counsel Update - November 2017
Tuesday, November 14, 2017 7:00 PM
There is just a year to go before Brexit negotiations are due to conclude in October or November 2018. The first phase of negotiations, which focuses

Spain - new GDPR based voluntary mediation system announced
Tuesday, November 14, 2017 7:00 PM
The Spanish Advertising Self-regulation Organization (AUTOCONTROL) is developing a new voluntary mediation scheme in collaboration with the Spanish

Bermuda Form Insurance Arbitration Series: Strategic Considerations in Initiating Bermuda Form Arbitrations
Tuesday, November 14, 2017 7:00 PM
In this post in the Blog’s Bermuda Form Insurance Arbitration Series, we discuss the use of London-based arbitration to resolve disputes involving the

CFPB Director Richard Cordray Plans To Resign
Tuesday, November 14, 2017 7:00 PM
Richard Cordray announced today that he is resigning the end of this month. Cordray, an Obama appointee and the first director of the Consumer

To stay or not to stay? A question to the commercial court on considering section 9 of the Arbitration Act 1996
Tuesday, November 14, 2017 7:00 PM
On 5 September 2017, Blair J, sitting in the Commercial Court, refused a stay under section 9(1) of the Arbitration Act 1996 (“Section 9(1)“) in

English High Court removes arbitrator on the basis that he did not possess necessary qualifications
Tuesday, November 14, 2017 7:00 PM
In Tonicstar Limited v Allianz Insurance and Sirius International Insurance Corporation 2017 EWHC 2753, the English High Court considered an

Want to Appeal a Commercial Arbitration Award? Make Sure You Secure Broad Rights of Appeal
Monday, November 13, 2017 7:00 PM
One of the main purposes of commercial arbitration is to provide the parties with a final and binding resolution of their dispute. For this reason

 

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