Archives for the ‘International Arbitration’ Category

Contracting parties can continue to exercise rights under contract including right to terminate, even if dispute resolution process has started

By natalie • Jan 4th, 2010 • Category: International Arbitration

Matthew Arnold & Baldwin LLP

Paul Gershlick

C contractually agreed to provide D with software and IT services. The dispute resolution clause in the contract provided for mediation and adjudication. A dispute arose. C suggested mediation, to which D agreed. D also gave notice of material default and required C to correct. C gave notice requiring adjudication. D gave notice of termination when the material default had not been corrected. Each party objected to the action taken by the other party. C sought an injunction to prevent D terminating until the adjudication process had been completed; meanwhile, D sought an injunction to prevent C going to adjudication while mediation was still in play.    

The High Court refused both injunction requests. Unless there was very clear wording in the contract to the contrary: the dispute resolution process did not stop a party exercising its contractual rights including the right to terminate; and different dispute resolution mechanisms provided for in the contract were not mutually exclusive.  



Russia’s Supreme Arbitration Court Defended Fair Domain

By natalie • Nov 12th, 2008 • Category: International Arbitration

Presidium of the RF Supreme Arbitration Court has established an important precedent in the battle against unfair registrars of domain names. The court delivered the judgment under the rules of the World Intellectual Property Organization (WIPO) and upheld Denso Corporation of Japan.

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Should litigants abandon courts for arbitration?

By natalie • Nov 12th, 2008 • Category: International Arbitration

November 13, 2008: After waging a monumental battle in court spanning over 25 years, an application is brought before the Court of Appeal, which will not conclude the matter but, further add to the growing body of literature in the case.

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Players in doping scandal to face Arbitration Court

By natalie • Nov 5th, 2008 • Category: International Arbitration
The case of 3 local football players - Ryan Grech, Gilbert Martin and Claude Mattocks - who tested positive for banned substances will be heard in front of the Court of Arbitration for Sport on November 24.

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Paul Hastings Successfully Defends Leading Korean Pharmaceutical Company in International Arbitration Dispute

By natalie • Nov 4th, 2008 • Category: International Arbitration

Posted on Monday, November 03, 2008

Washington, D.C. (November 3, 2008) – Paul, Hastings, Janofsky & Walker LLP, an international law firm, successfully defended Dong-A Pharmaceutical Co. Ltd., a leading Korean pharmaceutical company, in an international arbitration brought by a U.S. biotech venture. The claim, which sought damages in excess of $100 million, was terminated by the Tribunal on October 15, 2008.

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