Reed Smith Client Alerts

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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