Covered in this issue:
- Arbitration
- What amounts to taking a step in proceedings for the purposes of section (9)3 of the Arbitration Act
- ICSID tribunal has jusrisdiction over investments relating to a ship
- Costs
- Claimant exposed to costs order due to failure of solicitor to obtain ATE insurance
- Appropriate order as to costs where
- EU
- European Commission convenes legal expert group to seek solutions on contract law
- Committee on Legal Affairs' draft report rejects proposed deletion of arbitration exclusion in Brussels regulation
- Whether court seised had jurisdiction where defendant entered appearance but did not contest jurisdiction
- Guidance on when court seised of related actions pursuant to application to stay proceedings
- Insurance
- Insurer applying "but for" causation test
- Where claimant overstated a claim for damage following a fire it was fatal to entire claim
- Whether arbitrators properly deciding losses arising out of one event
- Jurisdiction
- Whether courts where company had its seat had jurisdiction
- Whether later proceedings could be stayed where there were cross-claims
- Interaction between Brussels regulation and specialised conventions
- Miscellaneous
- Whether damages could be recovered for loss of use of funds by reason of fraud
- Whether contracts signed by municipalities void due to lack of capacity
- Practice
- Guidance on service out of the jurisdiction and standard of proof in jurisdiction issues
- Fishing expedition unacceptable in pre-action disclosure application
- Test for usual residence for purposes of service
- Freezing injunctions: determining the appropriate cross-undertaking
- Supreme Court Rules on effect of limitation on change of capacity and addition of new party
- Substitution of new parties after expiry of the limitation
- Whether remaining defendants entitled to disclosure of settlement agreement between claimant and other defendants
- Shipping
- Whether subcontractor entitled to contribution from charterer where ship damaged by subcontractor
- Wwhether ship managers entering into charterparties and diverting difference in hire as part of fraudulent scheme
- Whether advanced payment bond issued by bank providing for repayment of "all such sums due to you under the contract" included pre-paid sums in event of builder's insolvency
- Whether title to bunkers passed to shipowners on redelivery of vessel
- Whether owners in breach of obligation to deliver vessel ready to receive cargo with clean swept holds
- Whether owners entitled to hire for early and redelivery
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