Smith (Paul) Ltd v H. & S. International Holding Inc.
Jurisdiction | England & Wales |
Date | 1991 |
Court | Queen's Bench Division |
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28 cases
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Cable & Wireless Plc v IBM UK Ltd [QBD (Comm)]
...It imposes no more than an agreement to negotiate and he submits on the authority of the judgment of Steyn J. in Paul Smith Ltd v. H&S International Holding Inc [1991] 2 Lloyd's Rep 127 and the earlier decisions of the Court of Appeal on which it was based, Courtney & Fairbairn Ltd v. Tola......
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Astrata (Singapore) Pte Ltd v Portcullis Escrow Pte Ltd and another and other matters
...related contracts between the same parties, eg, as in the Paul Smith line of cases (Paul Smith Ltd v H & S International Holding Inc [1991] 2 Lloyd’s Rep 127 QBD (Comm) discussed in AXA Re v Ace Global Markets Ltd [2006] 1 Lloyd’s Rep IR 683 QBD (Comm)) but it has no application in the pres......
- Thai-Lao Lignite Company Ltd and Another v Government of The Lao People’s Democratic Republic
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Tang Chung Wah (Aka Alan Tang) and Another v Grant Thornton International Ltd and Others
...placed on Courtney & Fairbairn Ltd v Tolaini Bros. (Hotels) Ltd [1975] 1 WLR 297, Walford v Miles [1992] 2 AC 128, and Paul Smith Ltd v H & S International Holdings Inc [1991] 2 Lloyd's Rep 127). 46 The Tribunal referred in addition to the decision of Steyn J (as he then was) in Itex Shippi......
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3 firm's commentaries
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Litigation & Dispute Resolution Update
...the court may by order - (a) confirm the award or (b) vary the award, or (c) set aside the award in whole or in part.î 3 [1991] 2 Lloyd's Rep 127; [1975] 1 WLR 297 4 Paul Smith Ltd v H&S International Holding Inc 5 CPR rule 26.4 (Stay to allow for settlement of the case) is a procedure ......
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Commercial Court Enforces ADR Clause
...than an agreement to negotiate which is not enforceable in English law (see also Paul Smith Ltd v H&S International Holding Inc [1991] 2 Lloyd's Rep127 and Courtney & Fairbairn Ltd v Tolaini Brothers (Hotels) Ltd [1975] 1 WLR Colman J held that the ADR clause contained an enforceabl......
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Singapore High Court’s ruling on overlapping arbitration and jurisdiction clauses
...by the same tribunal unless the language shows otherwise. The UK Commercial Court in Paul Smith Ltd v H&S International Holding Inc [1991] 2 Lloyd's Rep 127 was faced with completely incompatible arbitration and jurisdiction clauses in the same agreement. While the arbitration clause requir......
7 books & journal articles
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CHOICE OF LAW FOR ENFORCEMENT OF ARBITRAL AWARDS
...Gary Born, International Commercial Arbitration: Commentary and Materials (Kluwer, 2001) at p 412. 66Smith Ltd v H & S International[1991] 2 Lloyd's Rep 127 at 130, per Lord Steyn. See also Loukas Mistelis, “Reality Test: Current State of Affairs in Theory and Practice Relating to ‘Lex Arbi......
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A PERSISTING ABERRATION: THE MOVEMENT TO ENFORCE AGREEMENTS TO MEDIATE
...Non-determinative procedures included negotiation, mediation, expert appraisal and non-binding rulings from a mediator. 16 [1991] 2 Lloyd’s Rep 127 (“Paul Smith”). 17 The exact wording used in Paul Smith was “conciliation”, but there is little doubt that conciliation is a semantic twin of m......
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Conflict of Laws
...Piacenza SpA [2016] 5 SLR 455 at [34]. 201 (2019) 20 SAL Ann Rev 251 at 283–287, paras 11.113–11.126. 202 See para 12.97 above. 203 [1991] 2 Lloyd's Rep 127. 204 [2020] 1 SLR 1043. 205 BXH v BXI [2020] 1 SLR 1043 at [5]. 206 BXH v BXI [2020] 1 SLR 1043 at [8], [9] and [52]. 207 BXH v BXI [2......
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SEPARABILITY, COMPETENCE-COMPETENCE AND THE ARBITRATOR’S JURISDICTION IN SINGAPORE†
...to the initial existence of the agreement from which jurisdiction is said to derive. 28 Supra, n 20, at 85. 29 Ibid, at 81 col 1. 30 [1991] 2 Lloyd’s Rep 127. See Carl M Svernlöv, “The Evolution of the Doctrine of Separability in England: Now Virtually Complete?”(1992) 9 JIA 115. 31 Ibid, a......
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