You are here: Heydary Blog » Arbitration

Archive for the ‘Arbitration’ Category

Federal Court of Appeal Upholds Federal Court Decision Granting Anti-Suit Injunction for Release of Vessel from Second Arrest

Tuesday, August 16th, 2011

In a previous blog posting on the Heydary Hamilton PC Blog Release of Arrest of Ship in Belgium stayed pending Appeal to Canadian Federal Court of Appeal which commented on  the decision of the Federal Court of Appeal in Alpha Trading Monaco Sam v The Ship “Sarah Degagnes” et al 2010 FCA 209 to grant a stay  of execution from the order of the Federal Court (made on a request for an anti-suit interlocutory injunction) that the appellant cause the release of the vessel “Sarah Desgagnes” from conservatory arrest in Belgium, where it is being held to secure the appellant’s claim in proceedings in Italy against the vessel’s subtime charterer  for unpaid bunkering invoices.

The Federal Court of Appeal dismissed the appeal of the order of the Federal Court on the appellants anti-suit interlocutory injunction that the appellant cause the release of the vessel “Sarah Desgagnes” from conservatory arrest in Belgium.  The appeal decision is reported at  Alpha Trading Monaco Sam v The Ship “Sarah Degagnes” et al 2011 FCA 41. In the reasons delivered from the Bench by Nadon J.A. the court reasoned that they ought not to interfere with the decision of the Federal Court “Given that the arrest [of the ship in Montreal] the respondents undertook to submit themselves and their ship to the jurisdiction of the Federal Court and to provide security for the appellant’s claims, and given that the re-arrest of their ship by the appellant in Belgium on May 4, 2010, in the particular circumstances of the case, clearly constitutes an attempt on the part of the appellant to take unfair advantage of the respondents by forcing them to provide security against a third party…”

David Alderson LL.B, LL.M (Lond.)

Practicing in Ontario (Canada)

Admitted (but not now practicing) in New York State, England and Wales, and Bermuda

Practiced in Dubai, UAE

 

Brief informational summaries about commercial and other litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.

Posted in Arbitration, Carriage of Goods (Air, Sea, Road, Rail), Civil Litigation, Injunction & Specific Performance, International Trade, Marine & Maritime, Shipping and Transportation | Add Comment »

Heydary Hamilton PC Lawyer – Speaker at the Annual Meeting of the American Bar Association in Toronto – International Arbitration

Thursday, August 11th, 2011

David Alderson*, of  Heydary Hamilton PC , Toronto, with other panel members, Nancy Thevenin, of Baker & McKenzie LLP, New York and David Lindsey of Chaffetz Lindsey LLP, New York, and panel co-coordinator, Gustavo Lamelas, of DLA Piper LLP, Miami, spoke at the Annual Meeting of the American Bar Association held August 4-9, 2011, in Toronto, Canada.

The panel convened and spoke at the ABA Annual Meeting, Section of Litigation event “Strategic Choices in International Arbitration: the Impact of Forum Selection and Choice-of-Law Decisions”.

David Alderson spoke on the subjects of the competence- competence doctrine, severability (separability) and judicial intervention in determining the jurisdiction of a tribunal; and the enforcement of arbitral awards, including public policy exclusion to enforcement and the effect of local limitation periods in the recognition and enforcement of foreign arbitration awards in UNCITRAL / Model law jurisdictions.

*David practices with Heydary Hamilton PC , Toronto, primarily in the fields of complex litigation and arbitration, including international disputes. He has been admitted to practice in Ontario (Canada), England and Wales, Bermuda and New York State.  He has practiced with Holman Fenwick & Willan in London, a firm operating in 12 countries throughout Europe, the Middle East, the Far East, South East Asia and Australia;  Conyers Dill and Pearman in Bermuda, a practice in 10 jurisdictions, including the Caribbean, Middle East, Far East, Europe, South America and South East Asia; and Afridi and Angell in Dubai, which had offices in New York, Washington, Pakistan and throughout the UAE.

His practice experience has focused on both domestic and international arbitrations; institutional and ad hoc arbitrations; expert determinations and valuations; and more rarely statutory arbitration. David has been professionally involved arbitrations in matters as diverse as reinsurance, construction, project finance, marine and maritime, business break-ups and commodities, including oil, grain and food products.

David has significant practice experience in the law of war and the legal consequences of war in the commercial world. David is the author and co-author of chapters of published works on attachment of assets, enforcement of money judgments and the regulation of securities. He blogs on matters of interest to those engaged in cross-border and international litigation and arbitration.

David Alderson, LL.B, LL.M (Lond.)

 

Brief informational summaries about commercial litigation matters in the courts of Ontario and other developments are periodically published on this website. They are intended to be a general comment or general discussion, not legal advice and should not be relied upon as legal advice. Should you require legal advice, please contact info@heydary.com or 416 972 9001.

Posted in Arbitration, Civil Litigation, Enforcement of Foreign Arbitral Awards, Firm News, International & Cross-Border, International Arbitration | Add Comment »