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04 November 2010
Issue: 7440 / Categories: Case law , Law digest , In Court
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Arbitration

Dolphin Tanker Srl v Westport Petroleum Inc [2010] EWHC 2617 (Comm), [2010] All ER (D) 199 (Oct)

It was established law that the general rule on an appeal from an arbitration award on a point of law was that only the award and the relevant contract should be put before the court. That rule applied whether the appeal was brought by agreement under s 69(2)(a) of the Act or leave under s 69(2)(b) of the Act, since in each case the appeal to the court had to be on a question of law arising from the award. An appeal on a question of law was confined to facts found by the award. It was irrelevant whether the court considered those findings of fact to be wrong. There was a confined category of case where either the award had set out the relevant contractual terms in an abbreviated form, or had summarised the effect of an identified contractual exchange or had identified particular documents as having contractual effect without setting out their terms. Those were circumstances in which it

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MOVERS & SHAKERS

HFW—Nelson Wang

HFW—Nelson Wang

HFW strengthens global insurance practice and Greater China offering with London Partner hire

Burges Salmon—David McEwing

Burges Salmon—David McEwing

Burges Salmon boosts Energy and Utilities practice with appointment of David McEwing

Browne Jacobson—Alexander Studholme

Browne Jacobson—Alexander Studholme

Browne Jacobson adds international construction arbitration partner in London push

NEWS
Law firm trainees are choosing US firms over their UK comparators, according to Chambers’ annual report on UK trainee satisfaction
A former senior judge has warned peers against scrapping juries for fraud and financial crimes, ahead of the Courts and Tribunals Bill’s second reading in the House of Lords this week
Civil practitioners face changes spanning debt recovery, workplace harassment and possession claims, alongside guidance on insolvency challenges and children proceedings

Finding matrimonial wealth is as challenging as dividing it, as family disputes draw practitioners into asset tracing, offshore structures and insolvency

Agreement between opponents offers no guarantee that a court will approve a retrospective increase to a costs budget
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