Case Law Update 2012 - Issue 4

 
FREE EXCERPT

ADJUDICATION

See Lanes v Galliford Try under Keating Chambers Reported Cases on apparent bias and jurisdiction of adjudicator.

See Herbosh-Kiere Marine Contractors v Dover Harbour Board under Keating Chambers Reported Cases on adjudicator exceeding jurisdiction by utilising method of assessment which was not part of dispute referred.

ARBITRATION AND DISPUTE RESOLUTION

Arbitration Law Monthly Vol. 12 No. 3 April 2012

contains the following articles:

Enforcement of awards on Mobile Telesystems Finance v Nomihold Securities (freezing orders)

Stay of proceedings on Deutsche Bank v Tong Kah Harbour (scope of reference to arbitration)

Removal of arbitrator on A v B (removal of QC for 'unconscious bias')

Public policy on AJT v AJU in the Singapore CA (refusal to recognise award)

Evidence in the arbitration on A Lloyd's Syndicate v X (confidential or privileged information)

Arbitration Law Monthly Vol. 12 No. 4 April 2012

contains the following articles:

Permission to appeal for error of law on Navios International v Sangamon Transportation (seeking additional reasons for award)

Arbitration awards by Edward Yang, Reed Smith, Richards Butler, Hong Kong on Re Petro China International (Hong Kong) Corp (issue of supplementary awards)

Serious irregularity on Soeximex v Agrocorp International (failure to consider all the issues)

Construction of award: serious irregularity and error of law on AK Kablo Imalat San v Intamex (presumption that arbitrator has acted correctly)

Enforcement of arbitration awards on African Fertilisers and Chemicals v BD Shipsnaro (jurisdiction to issue declaratory award)

CIETA Rules 2012 Great changes by Anthony Connerty, Lamb Chambers New Law Journal 4 May 2012, p.622

This is an outline of the significant changes made by the 2012 revision of the Arbitration Rules of the China International Economic and Trade Arbitration Committee (CIETAC). The revisions considered relate to place of arbitration language, applicable law, consolidation, conservatory and interim measures and combination of conciliation with arbitration.

International Arbitration Report (Mealey's) January 2012 Vol. 27 Issue 1

contains the following articles:

Set aside application based on arbitrator partiality by Calvin Hamilton and Alina Bondarenko, Hamilton, Madrid

Enforcement of an award rendered following Arb-Med proceedings by Zhuang-Hui Wu, King & Spalding

Selecting ICC arbitrators: What's new under the revised Rules? by Axel Benjamin Herzberg, Baker & McKenzie, Berlin

ICC Bulletin 2011 Vol. 22 No. 1

contains the following articles:

2010 statistical report providing detailed statistics or the use and operation of ICC's dispute resolution services in 2010

Assessment of damages for repudiatory breach of a charter party – latest developments in English law by Jonathan Lux and Reema Shour, Ince & Co

Maritime arbitration under the ICC Rules of Arbitration by Oliver Cachard, University of Nancy

International Arbitration Report (Mealey's) February 2012 Vol. 27 Issue 2

contains the following articles:

Remedy of appeal: lower...

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