April 11, 2016
Since a new opt-out class action regime was introduced last year under the Consumer Rights Act 2015 (CRA), practitioners have been waiting patiently to see when the first claim would be brought. The first claim has now been launched on behalf of a putative class of pensioners and other UK-based buyers of mobility scooters. It…
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March 10, 2016
The judgment published on 17 February 2016, Cofely Limited v Bingham and Another [2016] EWHC 240 (Comm), considers the situation where circumstances might exist to give rise to justifiable doubts as to the impartiality of an Arbitrator. The Claimant sought an order for the removal of Anthony Bingham, a very well known and respected Arbitrator,…
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February 22, 2016
Will and trust disputes take many forms. A person may bring a claim that a will was invalid, and should therefore not be admitted to probate. For example, the testator may have lacked mental capacity at the time the will was executed, or the will may not have been properly witnessed, or the circumstances in…
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February 12, 2016
1 Introduction The use of arbitration clauses in commercial contracts seems to have had a steady growth in Norway during the last twenty years, not at least within the offshore and maritime industry. Various surveys indicates that at least 50% of larger co-operations in Norway prefer arbitration, and the number is most likely significantly higher within…
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January 25, 2016
In this article, we outline why, despite the rise of an increasingly uniform “arbitration culture”, with an ever expanding body of soft law, cultural misunderstandings (resulting from different backgrounds among stakeholders – arbitrators, counsel, party representatives, witnesses) continue to play a material role in many international arbitrations. We then offer a number of examples of…
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