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We have previously reported here and here on the long-running dispute between West Tankers and the insurers, Allianz and Generali. The latest development is the English Commercial Court decision, West Tankers Inc v. (1) Allianz SpA and (2) Generali Assicurazione Generali SpA [2011] EWHC 829 (Comm). For full details of the facts leading up to this decision, please go to our previous blogs. …
Read More UK: Commercial Court Upholds Order Enforcing a Declaratory Award

In the recent case of Tony Hook v British Airways plc (2011) EWHC 379 (QB), the High Court was asked to consider whether UK and EU aviation legislation created a private law cause of action sounding in damages in relation to alleged disability discrimination by an airline. …
Read More UK: High Court Upholds Exclusivity of Montreal Convention 1999 in Respect of Disabled Passengers

The ash cloud from Iceland’s Eyjafjallajokull volcano that shut down much of Europe’s air space in April 2010 has been held to be an example of “extraordinary circumstances” under Art 5(3) of EC Regulation 261/2004 (the Regulation), exempting airlines from paying compensation for the cancellation of flights. …
Read More UK/EU: Ash Cloud Constitutes “Extraordinary Circumstances” for Airlines Under EC Regulation 261

In the recent English Commercial Court decision of Ispat Industries Ltd v Western Bulk Ltd [2011] EWHC 93 (Comm), the court held that an appeal based on section 68 of the Arbitration Act 1996 (the Act) would only be successful under the most serious of circumstances and where there was or stood to be a risk of substantial injustice to one of the parties. …
Read More UK: English Commercial Court Addresses Issue of Serious Irregularity in Arbitration Appeals

The English High court has approved a scheme of arrangement for a company incorporated in Germany which had its centre of main interests in Germany, no establishment in the UK and no assets in the UK likely to be affected by the scheme. …
Read More UK: High Court Approves Scheme of Arrangement for Rodenstock – a German Company

In Mujur Bakat Sdn Bhd v Uni. Asia General Insurance Berhad & Ors [2011] EWHC 643 (Comm), the Claimants were the owners of a vessel called the M/V MUJUR 1 (the Vessel) and the Defendants were various underwriters which had underwritten a marine hull and machinery policy in respect of the Vessel (the Policy). The Policy was expressly stated to be governed by English law. …
Read More UK: High Court Rules on Proper Forum for Marine Insurance Claim

In Axa Sun Life Services v Campbell Martin [2011] EWCA Civ 133, the Court of Appeal reviewed standard appointed representative agreements entered into between Axa and several different companies. The appointed representatives claimed Axa had misrepresented the nature of the agreements and given collateral warranties, and both the misrepresentations and the warranties had induced them to enter into the agreements. …
Read More UK: Court of Appeal Reviews Entire Agreement Clauses

According to Reuters, Pace Plc, a global market leader in digital set-top boxes, which is listed on the London Stock Exchange, has warned that its full-year profits are likely to fall short of internal forecasts as a result of disruption to supply chains from the Japanese Earthquake and Tsunami, which, among other things, devastated Japanese seaports in March 2011. …
Read More UK: Leading UK Digital Technology Developer Hit By Disruption To Supply Chains From Japanese Earthquake and Tsunami