C v D
Jurisdiction | England & Wales |
Date | 2008 |
Year | 2008 |
Court | Court of Appeal (Civil Division) |
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9 cases
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Sonera Holding B.v Appellant v Cukurova Holding A.S. Respondent
...25 See: Naviera Amazonica Peruana SA v Compania Internacional De Seguros Del Peru [1988] 1 Lloyd's Rep 116 per Kerr LJ at pp. 119–120; C v D [2008] Bus LR 843 per Longmore LJ at para. 26 Stephen M. Schwebel, Anti-Suit Injunctions in International Arbitration: An Overview (2005). 27 335 F.3d......
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AES Ust-Kamenogorsk Hydropower Plant LLP v Ust-Kamenogorsk Hydropower Plant JSC
...section 37. Indeed, if it were otherwise, The Siskina [1979] AC 210 would now be decided differently. 1 See C v. D [2007] EWCA 1282, [2008] Bus LR 843, where the underlying contract was governed by New York law, but the arbitration clause was governed by English law. 2 Albeit in Vale do Ri......
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Anatolie Stati v The Republic of Kazakhstan
...the issue referred to arbitration is to be determined in accordance with the laws of another country (see C v D [2007] EWCA Civ 1282; [2008] Bus LR 843). Article V of the Convention sets out the only grounds on which enforcement of a foreign award may be refused. These include in art V(1)(......
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Enka Insaat Ve Sanayi A.S. v OOO “Insurance Company Chubb”
...of an arbitration is analogous to an exclusive jurisdiction clause”. These statements have been approved twice by this court, in C v D [2008] Bus LR 843, [17], per Longmore LJ and very recently in Minister of Finance v IPIC [2019] EWCA Civ 2080, [37], per Vos 48 Lord Hoffmann's suggestion ......
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2 firm's commentaries
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Enka v Chubb: The Nuanced Presumptions "Test" on the Law of Arbitration Agreements
...decisions falling on either side of this divide: Sulamérica Cia Nacional de Seguros SA v Enesa Engenharia SA [2013] 1 WLR 102 and C v D [2008] Bus LR 843”. The Supreme Court decided that, as a starting point, the arbitration agreement is governed by: (i) the law expressly or impliedly chose......
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Enka v Chubb: The Nuanced Presumptions 'test' On The Law Of Arbitration Agreements
...decisions falling on either side of this divide: Sulamérica Cia Nacional de Seguros SA v Enesa Engenharia SA [2013] 1 WLR 102 and C v D [2008] Bus LR 843".4 The Supreme Court decided that, as a starting point, the arbitration agreement is governed by: (i) the law expressly or impliedly chos......