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United Kingdom › Dispute Resolution › Stays

Morgan Lewis

English High Court Upholds the Primacy of an Exclusive Jurisdiction Clause in a Subsequent Settlement Agreement

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The English High Court in Destin Trading v Saipem SA refused the defendant’s application for a stay of proceedings under Section 9 of the Arbitration Act 1996 on the basis that an exclusive dispute resolution clause in favour...more

BCLP

Adjudication and Insolvency: Interface of Two Statutory Regimes Affecting the Construction Industry

BCLP on

Adjudication has become a key tool in the construction industry, helping employers and contractors resolve disputes quickly and keep cash flowing on projects. But when insolvency enters the picture, things can get tricky —...more

Latham & Watkins LLP

English Court of Appeal Ruling on Alternative Dispute Resolution Aims to Weed Out Resolvable Litigation

Latham & Watkins LLP on

A recent ruling confirms judicial discretion to stay proceedings and instruct parties to seek non-court-based alternatives to litigation. The UK Court of Appeal has ruled that the court has the authority to stay...more

Latham & Watkins LLP

English High Court Confirms Mediation Can Be Condition Precedent to Litigation

Latham & Watkins LLP on

In Ohpen Operations UK Limited v. Invesco Fund Managers Limited, the English court held that mediation was a condition precedent to the commencement of litigation and, accordingly, stayed the proceedings to enable mediation...more

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