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Searching Content indexed under Litigation, Mediation & Arbitration by CMS Cameron McKenna Nabarro Olswang LLP ordered by Published Date Descending.
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Counterclaims Filed Before Arbitral Tribunals Seated In Switzerland – When Are They Admissible?
This article is partly based on a speech the author held on 31 May 2017 during the University of Zurich Europe Institute's third seminar on arbitration ("Hot Topics").
Switzerland
2 Mar 2018
2
Objective Scope Of Res Judicata Of Arbitral Awards - Is There Room For Discretion?
In its landmark decision DFT 141 III 229 dated 29 May 2015 - also known as the "US law firm decision" -‚ the Swiss Federal Tribunal confirmed its previously established doctrine on the controlled transfer of a foreign award's effects ...
Switzerland
2 Mar 2018
3
Wuhan Intermediate People's Court Recognises A US Court Judgment – Breakthrough In Cross-Border Litigation?
The judgment, delivered on 30 June 2017, signals an important shift in Chinese judicial attitude towards foreign judgments.
China
10 Jan 2018
4
Court Takes Hard Line On Non-Payment Of Arbitrator's Fees
In Rollitt v Ballard [2017] EWHC 1500 (TCC), an ad hoc arbitration with the seat in England, the Claimant applied in February 2016 for a ruling that the arbitrator did not have jurisdiction.
UK
1 Nov 2017
5
Third Parties Who Funded 'Opportunistic' Claim Liable For Indemnity Costs
The Court of Appeal has upheld a judge's order imposing indemnity costs on third-party funders.
UK
25 Oct 2017
6
Public Policy And The Enforcement Of Arbitral Awards
In Anatolie Stati and others v Kazakhstan [2017] EWHC 1348 (Comm), the English High Court held that the Defendant's application, to set aside permission granted to the Claimants to enforce an arbitral award...
UK
25 Oct 2017
7
‘Serious Irregularity', Inappropriate Behaviour And Confidentiality
The losing Respondent in an ICC Arbitration with the seat in London challenged the Award on the grounds of ‘serious irregularity' and argued that as one of the arbitrators had acted inappropriately...
UK
25 Oct 2017
8
Court Orders Sale Of Non-Perishable Cargo Before Arbitrators Have Determined Rights To Sell
He decided that he had a discretionary power to order the sale and in deciding to order a sale he spelt out the criteria he took into account when considering how to exercise his discretion.
UK
24 Oct 2017
9
Notice In Russian Is ‘Proper Notice'
The Claimant based in Russia contracted with the Respondent to supply materials for the repair of a furnace.
UK
24 Oct 2017
10
Adjudicators’ Fees: Money For Nothing?
We reported on the case of Systech v PC Harrington, a TCC judgment where Mr Justice Akenhead (the judge in charge of the TCC) held that an adjudicator was entitled to be paid his fees (calculated on an hourly basis), despite the fact that his decision was unenforceable.
UK
26 Oct 2012
11
Controversial Constitutional Court Ruling On Advance Costs Orders
The Constitutional Court has ruled that a claimant’s rights to judicial protection and to a fair trial were infringed by an order to pay advance costs of €792,850.
UK
25 Sep 2012
12
The Introduction Of A New Mediation Act
On 1 September 2012 the new Mediation Act (Act No. 202/2012 Coll., "the Act") became effective.
Czech Republic
21 Sep 2012
13
Financing Litigious Rights
The redemption of litigious rights was regulated under the provisions of the former Civil Code, by art. 1402 – 1404, together with the sale of litigious rights.
UK
21 Sep 2012
14
Costs: Behaviour Of Parties
The High Court has recently confirmed and clarified the case law on how the behaviour of parties and the making of without prejudice offers should affect costs.
UK
20 Sep 2012
15
Tensions Within CIETAC – Sub-Commissions Split Off
On 1 August 2012, the China International Economic and Trade Arbitration Commission ("CIETAC") issued the Announcement on the Administration of Cases by CIETAC Shanghai and South China Sub-Commissions("Announcement").
China
31 Aug 2012
16
Court Of Appeal Confirms Jackson’s 10% Increase On Tort Damages
In the recent judgment of Simmons v Castle, the Court of Appeal has confirmed that in all cases where a judgment is given on or after 1 April 2013, the proper level of general damages to be awarded for personal injury, nuisance, defamation and all other tort claims that cause suffering, inconvenience or distress to individuals will be increased by 10%.
UK
13 Aug 2012
17
ASA Adjudications Snapshot – June 2012
This article provides a selection of the most interesting ASA adjudications from June and a summary of the key issues considered in those adjudications. Daily deal offers continue to provide grounds for numerous consumer complaints.
UK
6 Aug 2012
18
Claims Trends Against Solicitors; Court Statistics
With the severity of the economic downturn continuing to bite, most law firms would probably accept that such conditions have exacerbated the liability risks they face.
UK
16 Jul 2012
19
Supreme Court Rules On Striking Out Fraudulent Claims
Aside from the rule in insurance law under which an insured cannot recover in respect of any part of a claim in a case where the claim has been fraudulently exaggerated or where a genuine claim has been supported by dishonest devices, the general rule of law is that a person cannot be deprived of a judgment for damages to which he is otherwise entitled on the ground of abuse of process.
UK
10 Jul 2012
20
Arbitration - Can Confidentiality Be Overridden In Certain Circumstances?
A recent decision of the Outer House of the Court of Session has confirmed that although documents produced in relation to arbitration in Scotland are generally regarded to be confidential, their disclosure can be ordered where the public interest and/or the interests of justice override the parties’ interest in maintaining confidentiality.
UK
3 Jul 2012
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