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Case of the Week: Arbitration
West Tankers Inc v Allianz SpA & Generali Assicurazione Generali (2012) EWCA Civ 27. Court of Appeal (Civil Division). Carnwath LJ; Toulson LJ; Lloyd LJ. 24 January 2012
www.westlaw.co.uk
The court had power under the Arbitration Act 1996 s.66 to order judgment to be entered in the terms of an arbitral award in a case where the award was in the form of a negative declaration.
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Judgment call: 6 February 2012
For the purposes of service out of the jurisdiction, where a claim was made under or pursuant to a contract, that was the contract “in respect of” which it had to be shown, to the standard of a good arguable case, that it existed and that one of the requirements of CPR PD 6B para.3.1(6) had been met.
At a time when litigation is booming, this week’s Special Report looks at three different areas of the Commercial and Chancery divisions. Rhodri Thompson QC shines a spotlight on the crossover between the Chancery division and the competition courts, while Catherine Newman QC explains why the massive JSC Bank case is worth following. The report concludes with Jonathan Harris’s analysis of the future of EU harmonisation on commercial law.
Law Firm Features
Firms welcome clarification of fixed-share status by CoA
Court of Appeal upholds tribunals’ rulings that fixed-share partners cannot claim employee rights
Well-documented: court cloud system gets fans on Berezovsky
With 15,000 pre-trial documents totalling 200,000 pages, the battle of the Russian oligarchs was the ideal testing ground for the latest case-management technology
Commercial and Chancery Features
Firms welcome clarification of fixed-share status by CoA
Court of Appeal upholds tribunals’ rulings that fixed-share partners cannot claim employee rights
Stash cloud
As the authorities probe the bond dealings of JSC BTA Bank’s ex-chairman, Catherine Newman QC highlights some legal aspects of the saga that appear to add up to a near-reversal of the burden of proof
In harmony’s way
Jonathan Harris points out the potential pitfalls that EU harmonisation could foist upon UK practitioners in commercial litigation
Latest Law Firm News
Eversheds snares Dundas property partner
Eversheds is set to boost its real estate team in London with a partner from Dundas & Wilson.
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Cooley reports turnover and profit rise
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Hogan Lovells names London-based Cheffings as new chair
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SNR Denton posts 40 per cent drop in profit for 2010-11
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Ashurst top earner saw dip in profit, LLP accounts show
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Weil posts 8 per cent rise in profit for 2011
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Cuatrecasas reports slight revenue increase in 2011
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Bakers snares ex-Garrigues MP in arbitration push
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Ashfords plans London expansion through Rochman merger
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Roca Junyent acquires 12-lawyer Madrid firm
Latest Bar News
3VB picks up Keating Chambers' Cooklin
Gray’s Inn set 3 Verulam Buildings (3VB) has hit Keating Chambers for its director of clerking Paul Cooklin who will rejoin his former chambers as practice director.
Campbell Johnston Clark
Boutique shipping law outfit Campbell Johnston Clark recently celebrated its one-year anniversary following its launch in autumn 2010.
Features
Stocks and ’mares
IPOs may often land new clients but they don’t bring in much money and can also fail altogether. Are they worth the bother?
It’s all academic
With three academics and only one lawyer on the panel, will the Legal Education and Training Review listen to the needs of private practice?
Focus: A Farr fetched alliance
With the one-stop shop increasingly de rigueur and cross-border alliances looking like yesterday’s model, is it time for Willkie Farr and Dickson Minto to consign their tie-up to the scrapheap?
