Arbitration Archives - Page 16 of 20 - Insurance & Reinsurance

UK: High Court has Jurisdiction in Insurance and Arbitration Matter

Oct 31, 2008 | Arbitration | United Kingdom

With the European Court of Justice’s (ECJ) decision in the case of Allianz SPA v West Tankers pending, a decision which will have major implications on EU national courts’ jurisdiction in relation to arbitration clauses (click here to read the previous blog on this case), the High Court has ruled that it does enjoy jurisdiction under Council Regulation (EC) No. 44/2001 (Regulation) in an insurance and arbitration related matter.

UK: Court Refuses to Enforce Arbitration Award Against Consumer

Oct 16, 2008 | Arbitration | United Kingdom

In Mylcrist Builders Limited v. Mrs G Buck [2008] EWHC 2172 (TCC) an important issue arose in respect of an arbitration clause in a construction contract between Mylcrist and Buck. One issue was the correct appointment of an arbitrator. The clause did not provide the mechanism for the appointment of an arbitrator and, accordingly, under s.16(3) Arbitration Act 1996, the parties were to jointly appoint an arbitrator.

UK: English High Court Rules on Law Applicable to the Effects of an EU Insolvency Proceeding on Pending Lawsuits

Oct 14, 2008 | Arbitration, Insolvency, Restructuring and Run-Off | European Union, United Kingdom

In Elektrim SA (In Bankruptcy) v Vivendi Universal (& Ors) [2008] EWHC 2155 (Comm) the claimant and defendant companies had entered into an investment agreement governed by Polish law, which contained an arbitration clause providing for arbitration in London. It was common ground that unlike the rest of the investment agreement , the arbitration agreement was governed by English law.

UK: Blow to Anti-Suit Injunctions

Sep 10, 2008 | Arbitration | United Kingdom

An advisory opinion handed down 4 September in the European Court of Justice (ECJ) may have signalled an end to the English court’s ability to issue anti-suit injunctions against parties who commence parallel litigation in other EC Member State countries.

New York Federal Court Finds That Doctrine of Manifest Disregard of the Law is No Longer Good Law

Aug 18, 2008 | Arbitration, Industry Developments, New York Developments, Reinsurance | United States

Robert Lewis Rosen Associates, Inc. (“RLR”) petitioned the United States District Court for the Southern District of New York to vacate an arbitration award issued in favor of William Webb (“Webb”) on the grounds that the arbitrator acted in manifest disregard of the law.

UK: English High Court Examines the Interaction Between an English Arbitration Clause and a US Service of Suit Clause

Aug 13, 2008 | Arbitration | United Kingdom

The recent judgment in Ace Capital Ltd v CMS Energy Corp [2008] EWHC 1843 (Comm) has provided welcome clarification on the effect of a US service of suit clause in a policy that contains an English arbitration provision.

Chile Considers Legislation To Modernize Its Insurance and Reinsurance Laws

Jul 30, 2008 | Arbitration, Coverage & Claims, Excess and Surplus Lines, Extra-Contractual Liability, Latin American Developments, Regulatory, Reinsurance

The Chilean legislature was recently presented with a draft law designed to modernize the insurance and reinsurance provisions contained within Chile’s Code of Commerce. If enacted, the legislation would replace Chile’s current laws concerning private insurance and reinsurance in their entirety.

Arbitration Fairness Act of 2007 Approved by House Subcommittee

Jul 25, 2008 | Arbitration, Federal Legislative Developments, Regulatory | United States

On July 15, 2008, the Arbitration Fairness Act of 2007, H.R. 3010 (the “Act”), which was originally introduced on July 12, 2007, was approved by the House of Representatives Subcommittee on Commercial and Administrative Law.

Court Vacates Arbitration Awards Because Arbitrators Improperly Assumed Jurisdiction

Jul 22, 2008 | Arbitration, Reinsurance | United States

In a recent decision from the United States District Court for the Eastern District of Washington, Olsen v. United States, No. CV-06-5020-FVS (E.D. Wash. Mar. 10, 2008), the court vacated several arbitration awards on the grounds that the reinsurer was not bound by the arbitration agreement in contracts between the ceding company and its insureds, and the arbitrators did not have jurisdiction to preside over the disputes between the parties.

Post Hall Street, Federal Courts Differ On the Application of Manifest Disregard of the Law

Jul 22, 2008 | Arbitration, Industry Developments, Reinsurance | United States

Over the last few months, www.insurereinsure.com has reported on the U.S. Supreme Court’s landmark decision in Hall Street Associates v. Mattel, Inc., 128 S.Ct. 1396 (2008) (click here to view previous post), which held that parties could not contract to expand the grounds for vacatur or modification of arbitration awards under the Federal Arbitration Act (“FAA”), and the potential impact its holding might have on the doctrine of manifest disregard of the law (click here to view previous post).

Topic: Arbitration

UK: High Court has Jurisdiction in Insurance and Arbitration Matter

UK: Court Refuses to Enforce Arbitration Award Against Consumer

UK: English High Court Rules on Law Applicable to the Effects of an EU Insolvency Proceeding on Pending Lawsuits

UK: Blow to Anti-Suit Injunctions

New York Federal Court Finds That Doctrine of Manifest Disregard of the Law is No Longer Good Law

UK: English High Court Examines the Interaction Between an English Arbitration Clause and a US Service of Suit Clause

Chile Considers Legislation To Modernize Its Insurance and Reinsurance Laws

Arbitration Fairness Act of 2007 Approved by House Subcommittee

Court Vacates Arbitration Awards Because Arbitrators Improperly Assumed Jurisdiction

Post Hall Street, Federal Courts Differ On the Application of Manifest Disregard of the Law

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