Dispute Resolution Group Newsletter - June 2011
Mondaq Business Briefing › United Kingdom Law Articles in English (2011)
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Dispute Resolution Group Newsletter - June 2011
We are pleased to present our second case review of 2011 which contains summaries of selected cases which will impact on the way in which parties conduct litigation and their business dealings.
In this review we consider recently decided cases on arbitration; whether a declaratory arbitral award can be enforced as a judgment and the status of interim appeal awards. We also comment on recent cases on disclosure, considering disclosure of transcripts from private hearings as well as Norwich Pharmacal orders. We also review cases on expert independence, injunctions concerning arbitration proceedings and important cases on both what constitutes a Part 36 Offer as well as key decision on expert immunity. Arbitration West Tankers v Allianz [2011] EWHC 829 (Comm) Whether a declaratory arbitral award can be enforced as a judgment (in order to gain primacy over an irreconcilable foreign judgment) Section 66 of the Arbitration Act 1966 provides that "(1) An Award made by the tribunal pursuant to an arbitration agreement may, by leave of the court, be enforced in the same manner as a judgment or order of the court to the same effect". In this case, the parties had entered into a charterparty which provided for arbitration...See the full content of this document
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