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17 July 2009
Issue: 7378 / Categories: Case law , Law reports
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Arbitration—Jurisdiction—Insolvency

Syska (acting as the administrator of Elektrim SA (in bankruptcy)) and another v Vivendi Universal SA and others [2009] EWCA Civ 677, [2009] All ER (D) 88 (Jul)

Court of Appeal, Civil Division, Mummery, Longmore and Patten LJJ 9 Jul 2009

Where an arbitration is proceeding in one member state and one of the parties to the reference becomes insolvent in another member state, the consequences of that insolvency, in so far as they affect the arbitration, are to be determined by the law of the member state in which the reference is taking place.

Gabriel Moss QC, Richard Millett QC and Julian Kenny (instructed by Barlow Lyde & Gilbert LLP) for the claimants. Toby Landau QC and Ricky Diwan (instructed by O’Melveny & Myers LLP) for the defendants.

The second claimant was a Polish company. In September 2001, it entered into an agreement with the defendants, which contained a London arbitration clause. The arbitration agreement was governed by English law, although the rest of the agreement was governed by Polish law. Disputes arose and in August 2003

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MOVERS & SHAKERS

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

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What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
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