The Court of Appeal has confirmed that a declaratory award under section 66 of the Arbitration Act can be enforced by the English courts in the same manner as a judgment.
Arbitration
UK: Arbitration: English High Court Upholds Anti-Suit Injunction in Favour of Arbitration Proceedings
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
In Sulamerica CIA Nacional de Seguros SA & Ors v Enesa Engenharia SA & Ors [2012] EWHC 42 (Comm), Mr Justice Cooke held that an anti-suit injunction restraining the defendant insureds from pursuing proceedings in Brazil in breach of an arbitration clause would be continued. …
UK: High Court Confirms That Bringing Appeals of Fact Disguised as Appeals of Law Under s.69 of the Arbitration Act 1996 Will Not be Entertained
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
In Mary Harvey v. Motor Insurers’ Bureau (QBD (Merc) (Manchester), Claim No: 0MA40077, 21 December 2011), the High Court held that it was not appropriate to grant leave to appeal an arbitrator’s decision that the victim of a road traffic accident was not entitled to compensation for personal injury under s.69 the Arbitration Act 1996 (the Act) (s.69 of the Act only allows appeals to be made where the arbitrator has made some error of law). …
UK: High Court Rejects Appeal Concerning Alleged Arbitrators’ Error of Law
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
Micoperi SrL (Micoperi) v. The Shipowners’ Mutual Protection & Indemnity Association (Luxembourg) (the Club) concerned an appeal by Micoperi under section 69 of the Arbitration Act 1996 (AA) that the arbitrators in their Partial Final Award in an arbitration between Micoperi and the Club had made an error of law. …
New York Court Errs in Consideration of Interplay Between California Insurance Code, McCarran-Ferguson, and Federal Arbitration Act
By Troutman Pepper Locke on
In National Union Fire Insurance Co. v. Source One Staffing, LLC, the Supreme Court of New York County was asked to consider the interrelationship of three statutes: the McCarran-Ferguson Act (15 U.S.C. § 1101 et seq.), the Federal Arbitration Act (“FAA”) (9 U.S.C. § 1 et seq.), and the California Insurance Code (Cal. Ins. Code § 11658). …
UK: Bias and Serious Irregularity Within the Arbitration Act
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
In the case of A & 3 ORS v (1) B (2) X [2011] EWHC 2345 (Comm), an application was made under s.24(1)(a) of the Arbitration Act 1996 (the Act) to remove a sole arbitrator and to challenge a partial award for serious irregularity under s.68(1) of the Act. …
UK: Court of Appeal Rules on the Meaning of “Claim” and When Liability Accrues Under an Indemnity Policy
By Troutman Pepper Locke on
The Court of Appeal has overturned a High Court judgment on the meaning of an arbitration clause and clarified the meaning of “claim” in a public liability policy. …
UK: Supreme Court Rules Arbitrators Not Subject to Equality Laws
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
In the case of Jivraj v Hashwani [2011] UKSC 40, the Supreme Court recently ruled on whether arbitrators were subject to equality laws. …
UK: Commercial Court Rules on Competing Dispute Resolution Clauses
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
In PT Thiess Contractors Indonesia v PT Kaltim Prima Coal and another [2011] EWHC 1842, the Commercial Court refused to grant a stay where arbitration proceedings were ongoing in relation to disputes arising out of a related and overlapping contract. …
New York Federal Court Finds That Panel’s Refusal to Hear Certain Evidence Does Not Justify Vacating Arbitration Award
By Troutman Pepper Locke on
James Fellus commenced arbitration against his former employer, Sterne, Agee & Leach, Inc. (“SAL”), seeking damages for wrongful termination. At the close of the arbitration hearing, Fellus submitted an exhibit related to one of the central issues before the panel. SAL objected to the use of this exhibit, but was overruled. The arbitrators ultimately issued an award in Fellus’ favor. …