Arbitration & litigation

Braes of Doune Windfarm (Scotland) Ltd v Alfred McAlpine Business Services Ltd

Issue 94 - April 2008

Did the TCC in England have jurisdiction to consider a claim arising from an arbitration where the arbitration agreement was subject to English law but the seat of the arbitration was Glasgow, Scotland?

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Orange Personal Communications Services Ltd v Hoare Lee

Issue 93 - March 2008

What is the TCC's approach to the pre-action protocol?

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C v D

Issue 92 - February 2008

By choosing London as the seat of the arbitration, were the parties to be taken to have agreed that any proceedings to challenge the award should only be those permitted by English law?

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Premium NAFTA Products Ltd & Ors v Fili Shipping Company Ltd & Ors

Issue 89 - November 2007

What is the golden rule of the House of Lords in relation to arbitration clauses? Is there any distinction between disputes arising "under" the contract and disputes arising "out of" a contract?

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Cundall Johnson & Partners LLP v Whipps University Hospital NHS Trust

Issue 89 - November 2007

What were the consequences of failing to comply with the pre-action protocol?

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