In Michael Wilson & Partners Limited (A company incorporated in the British Virgin Islands) v John Forster Emmott [2008] EWHC 2684 (Comm), the court was asked to consider whether a decision of an arbitral tribunal consisting of an answer to two procedural questions was an award as to its substantive jurisdiction, and as such open to challenge under s.67 Arbitration Act 1996 (the Act).
United Kingdom
UK: Limit No. 2 Limited v AXA
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
On 12th November the Court of Appeal handed down its judgment in Limit No. 2 Limited v AXA. AXA, who had taken over the reinsurers, a German company called Albingia, sought to avoid a claim for misrepresentation brought by the reassured, Limit No.2 Limited, who were syndicates at Lloyd’s.
UK: EL Policies Triggered by Exposure to Asbestos and Not Development of Disease
By Troutman Pepper Locke on
At London’s Royal Courts of Justice today Mr Justice Burton handed down a hugely important decision regarding the trigger for employers’ liability policies in the context of long tail asbestos diseases. …
Read More UK: EL Policies Triggered by Exposure to Asbestos and Not Development of Disease
UK: FSA’s View of Life Insurance
By Troutman Pepper Locke on
Sarah Wilson, Director and Insurance Sector Leader at the FSA has given a speech on the FSA’s view of life insurance. She acknowledged that the insurance sector was coming under increased attention as a result of the turbulence in financial markets but stressed that it was stronger and better placed to deal with the stressed market conditions than during the last bear market of 2003
Royal Commission on Environmental Pollution Issues Report on Nanotechnology
By Troutman Pepper Locke on
The Royal Commission on Environmental Pollution (RCEP) was appointed “to advise [the UK government] on matters, both national and international, concerning the pollution of the environment; on the adequacy of research in this field; and the future possibilities of danger to the environment.” …
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UK: Lloyd’s Reform Order Comes into Force
By Troutman Pepper Locke on
Posted in Lloyd's, United Kingdom
We have reported previously on the progress of the Lloyd’s Legislative Reform Order (LRO) through Parliament (our most recent post can be found by clicking here). The LRO came into force today, Wednesday 19 November 2008. …
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UK: Asbestos Trigger Judgment Expected as Public Warned of the “Hidden Killer”
By Troutman Pepper Locke on
On Friday 21 November the High Court is expected to publish its keenly awaited decision in the asbestos employers’ liability “trigger” test cases, which will decide which employers’ liability policies should respond to asbestos claims.
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Read More UK: Asbestos Trigger Judgment Expected as Public Warned of the “Hidden Killer”
European Commission Proposes Regulation of Credit Rating Agencies
By Troutman Pepper Locke on
Posted in Regulatory, United Kingdom
The European Commission has adopted a proposal for the regulation of credit rating agencies. The Commission has identified a number of criticisms of credit rating agencies.
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UK: Alberta v Katanga – Jurisdiction and Service Out of Jurisdiction
By Troutman Pepper Locke on
Posted in Coverage & Claims, United Kingdom
The High Court decision in Alberta v Katanga dealt with two separate questions that are of interest. The first regards allocation of jurisdiction where the defendant is domiciled in an EU member state. It concerns the meaning of a company’s “central administration” under the EC Regulation that determines which European Union member state’s court has jurisdiction to hear a dispute, Council Regulation (EC) No. 44/2001 (Regulation).
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Read More UK: Alberta v Katanga – Jurisdiction and Service Out of Jurisdiction
Parliament Approves Lloyd’s Reform Order; Lloyd’s Consults on Changes to its Rules
By Troutman Pepper Locke on
We have reported previously on the progress of the Lloyd’s Legislative Reform Order (LRO) through Parliament (our most recent post can be found by clicking here). The LRO has now been approved by both Houses of Parliament and is expected to come into force on Wednesday 19 November 2008.
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Read More Parliament Approves Lloyd’s Reform Order; Lloyd’s Consults on Changes to its Rules