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17 February 2017
Issue: 7734 / Categories: Case law , Law digest , In Court
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Arbitration

Silver Dry Bulk Company Ltd v Homer Hulbert Maritime Company Ltd [2017] EWHC 44 (Comm), [2017] All ER (D) 39 (Feb)

The Commercial Court ruled on applications made in proceedings concerning a claim by the claimant company that a sum of money it had over-paid in respect of its purchase of a vessel had been corruptly diverted to a company then owned by Colonel Gadaffi’s fifth son. The claimant had brought arbitration proceedings and its nominated arbitrator had been appointed. However, prior to those proceedings commencing, the defendant company had been dissolved in the Marshall Islands. The court, among other things, dismissed the claimant’s application for an order, under s 18 of the Arbitration Act 1996 that, notwithstanding that dissolution, the arbitral tribunal had been validly constituted. The court held that it did not have the power to give such a direction where there had been no failure of the appointment procedure.

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MOVERS & SHAKERS

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
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