In the case of Noble Denton Middle East and Another v Noble Denton International Limited [2010] EWHC 2574, Mr Justice Burton was asked to decide two points. First, whether an arbitrator should be appointed by virtue of an application made under s. 18 of the Arbitration Act 1996; and, second, whether those arbitration proceedings should be stayed in favour of Texas proceedings.
Read MoreIn Guangzhou Dockyards Co Ltd v ENE Aegialii [2010] EWHC 2826 (Comm), Mr Justice Blair dismissed an application which had sought to appeal against an arbitration award on an issue of fact.
Read MoreThe U.S. Court of Appeals for the Third Circuit recently affirmed a District Court’s vacatur of an arbitration award because the arbitration panel exceeded its authority in ordering relief not sought by either of the parties and removing from the parties’ reinsurance agreement a material provision.
Read MoreR&Q Reinsurance Co. v. American Motorist Ins. Co., involved a dispute arising under a series of reinsurance treaties entered into by the parties. Pursuant to the arbitration clauses in the treaties, their dispute was heard by a panel of arbitrators, which issued its “Final Award” on February 5, 2010.
Read MoreIn William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd [2010] EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer’s liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned.
Read MorePlaintiffs purchased disability insurance from First American National, which later became known as defendant Regions Bank (“Regions”).
Read MoreIn Johnson v. Gruma Corp., No. 08-56911 (9th Cir. 2010), the Ninth Circuit Court of Appeals – applying the California Arbitration Act (“CAA”) in lieu of the Federal Arbitration Act (“FAA”) – affirmed a District Court decision refusing to vacate an arbitration award on the ground that the arbitrator failed to disclose his wife’s former professional relationship with the law firm ultimately retained to represent the respondent in the arbitration.
Read MoreNGC Network Asia, LLC (“NGC”) and Pacific Group International, Inc. (“PAC”) were parties to an arbitration held in New York. After an award was rendered in NGC’s favor, it commenced an action in the U.S. District Court for the Southern District of New York and moved to confirm. PAC opposed the motion and cross moved to transfer, stay or dismiss the action.
Read MoreIn a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund (“LSAT”) recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “Convention”) preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts.
Read MoreIn Travelers Insurance Company v Countrywide Surveyors Ltd [2010] EWHC 2455 (TCC), the High Court held that it had no jurisdiction to order pre-action disclosure where the potential dispute between the parties was subject to an arbitration agreement.
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