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Showing 11 out of 11 results
Res judicata effect of a prior arbitration is to be determined by arbitrators, not the courts – the Belco Rule can be hard to swallow
In Citigroup, Inc. v Abu Dhabi Investment Authority 13 Civ. 6073 (PKC), the United States District Court for the Southern District of New York (SDNY) …
Injunctions to Preserve Assets or Evidence under Section 44(3) of the English Arbitration Act 1996: High Court Considers Scope
In Zim Integrated Shipping Services Limited v European Container KS and European Container KS 11 [2013] EWHC 3581 (Comm), the High Court considered …
Does the Brussels I Regulation forbid recognition of arbitral anti-suit injunctions? Lithuanian Supreme Court refers question to CJEU
Last month, the Lithuanian Supreme Court (the Supreme Court) made a preliminary reference to the Court of Justice of the European Union (CJEU) asking …
English High Court considers: arbitability of civil claims with a criminal aspect; its discretion to enforce awards under s66 of the Arbitration Act 1996; and the scope of the arbitration exception to immunity under s9 of the State Immunity Act 1978
In The London Steam-Ship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain and the French State [2013] EWHC 3188 (Comm), the High Court had …
Argentina settles five outstanding investment treaty arbitration claims in historic break with its anti-enforcement stance
Argentina has agreed to settle five separate investment treaty arbitration claims at a cost of around USD 500 million, in an historic departure from the …
US District Court confirms arbitral award against Pemex that was nullified at its seat
The US District Court for the Southern District of New York has confirmed an arbitral award in favour of COMMISA, a subsidiary of KBR, against Pemex, …
English court reaffirms its jurisdiction and willingness to compel foreign defendants to disclose their assets worldwide in aid of execution of arbitration awards
In a judgment handed down on 23 May 2013 in Cruz City 1 Mauritius Holdings v (1) Unitech Limited; (2) Burley Holdings Limited; and (3) Arsanovia Limited, …
Hong Kong Court of Final Appeal refuses leave to appeal in the Grand Pacific v. Pacific China case
The Hong Kong Court of Final Appeal ("CFA") has today refused to interfere with a judgment of the Hong Kong Court of Appeal ("CA") on the setting aside …
The importance of getting the arbitration clause right
Summary A recent Federal Court of Australia case, Dampskibsselskabet Norden A/S v Beach Building & Civil Group Pty Ltd (2012) 292 ALR 161 (DKN v …
Thailand and the impounded Boeing 737
Herbert Smith Freehills associates Vanina Sucharitkul and Gregory Travaini have published an article entitled 'The Impounded Boeing 737' in the eighth …
Enforcement of foreign arbitral awards in Dubai
In September last year, the highest court in Dubai upheld two DIFC-LCIA awards under the New York Convention (Airmech v Macsteel International). While a …
Showing 11 out of 11 results
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Simon Chapman KC
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