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From: Jenner & Block at www.jenner.com
Lawrence S. Schaner
USA
March 5 2007
“United States courts recently have issued a number of decisions expanding the reach of 28 U.S.C. §1782, a federal statute that permits parties to use U.S. discovery mechanisms to obtain evidence for foreign and international legal proceedings. In a departure from prior rulings, two district […]

From: Sutherland Asbill & Brennan LLP at www.sablaw.com
USA
March 6 2007
 Introduction
“Our clients frequently ask which is better for their contracts – resolving disputes in arbitration or court? Because appeal rights are limited in arbitration, the question arises whether we can arbitrate in the first instance, but preserve a later right of appeal. Some contracts now […]

Contributed by DLA Piper Singapore Pte Ltd
March 08 2007
 
“In Government of the Republic of Philippines v Philippine International Air Terminals Co Inc [2006] SGHC 206 the Singapore High Court considered an application by the Philippines government to set aside an arbitral award under the Singapore International Arbitration Act (Cap 143A). The court had to […]

From: Linklaters  at www.linklaters.com
 
United Kingdom, USA
March 1 2007
“In the latest case featuring the efforts of insurers to avoid being sued in the US courts, an insurance claim had been the subject of an arbitration. After an award had been made in London, the plaintiffs sued the defendant captive insurer in a US Federal Court in […]

From: Norton Rose at www.nortonrose.com
United Kingdom
March 1 2007
“We reported on the first instance decision of the following case in the November 2006 edition of our Updater.
In this case, the parties had agreed to mediate and the court ordered the parties’ experts to produce a statement of the issues on which they agreed and on which […]

From: Clifford Chance LLP at www.cliffordchance.com
Cameron Scholes
United Kingdom
February 27 2007
“When exercising his dispute resolution function under a construction contract, the engineer or architect is not bound by the rules of natural justice in circumstances where the parties have a contractual right to refer any such decision to arbitration.
As outlined in our Summer 2006 International […]

From: Norton Rose at www.nortonrose.com
United Kingdom
March 1 2007
“Contractual adjudication provisions
In the following case, two issues arose:
Did the contract adjudication provisions comply with the Housing Grants, Construction and Regeneration Act 1996 (the “Construction Act”)?
What were the consequences if the adjudication provisions were non-compliant?
Epping Electrical Co v Briggs and Forrester [2007] EWHC 4 (TCC)
The contract between the […]

Contributed by Shearn Delamore & Co
March 08 2007
 
“On April 20 2006 the High Court delivered judgment in Shamelin Holdings Sdn Bhd v Mohd Anhar Bin Ahmad (trading as ABA Architect) ([2006] 6 MLJ 135 (HC)).
Facts
By an agreement dated May 19 1995 Shamelin Holdings appointed Mohd Anhar Bin Ahmad to provide professional architectural services for […]

From: Herbert Smith LLP at www.herbertsmith.com
United Kingdom
February 27 2007
“On 21 February 2007, the House of Lords delivered a decision in which they requested the European Court of Justice (”ECJ”) to consider whether it is “consistent with EC Regulation 44/2001 for a court of a Member State to make an order to restrain a person […]