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Stay of proceedings: effect of settlement agreement
In Destin Trading Inc v Saipem SA [2025] EWHC 668 (Ch) Andrew Lenon KC, sitting as a High Court Judge, was faced with the common scenario in which an agreement containing a dispute resolution clause is, after a dispute, terminated and replaced by a settlement agreement containing a different dispute resolution clause. The court held, applying established principles, that the latter clause prevails.
Online Published Date:
27 May 2025
Appeared in issue:
Vol 25 No 5 - 01 May 2025
Arbitration and third parties: effect of foreign judgments
The Court of Appeal in Kingdom of Spain v London Steam-Ship Owners' Mutual Insurance Association Ltd (The M/T Prestige) [2024] EWCA Civ 1536; [2025] 1 Lloyd's Rep 115 has heard appeals from three judgments of Butcher J [2021] EWHC 1247 (Comm), [2024] 1 Lloyd's Rep 199 and [2024] 1 Lloyd's Rep 157, on various aspects of the long-running and frequently litigated dispute between the Club and the French and Spanish states.
Online Published Date:
27 May 2025
Appeared in issue:
Vol 25 No 5 - 01 May 2025
Awards: when is an award final?
In York International Pte Ltd v Voltas Ltd [2024] SGCA 12 the Singapore Court of Appeal has upheld the ruling of the High Court that an award made conditional on payment of damages by the award creditor to a third party was a final award and not one that could be referred back to the arbitrator if there had been a dispute as to the amount paid.
Online Published Date:
27 May 2025
Appeared in issue:
Vol 25 No 5 - 01 May 2025