Archive: March 19, 2008

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Factors Justifying Disclosure of Documents Filed in Arbitration
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General Contractor Waives Right to Challenge Settlement by Surety

Factors Justifying Disclosure of Documents Filed in Arbitration

John Forster Emmott v. Michael Wilson & Partners Ltd., 2008 WL 576947, [2008] EWCA Civ 184 (Ct. of App., Civil Div.)

In this case, the Court of Appeal upheld an order permitting the disclosure of documents filed in a London arbitration to the courts of certain overseas jurisdictions in related proceedings.  In the London arbitration Wilson had originally made claims of fraud against the claimant Emmott but had subsequently withdrawn them.  Wilson repeated those allegations in the overseas proceedings to which Emmott was not a party. Read More

General Contractor Waives Right to Challenge Settlement by Surety

Kennerson v. LaBarbera, 536 F. Supp. 2d 305 (W.D.N.Y. 2008)

In this case, a subcontractor sued a general contractor and a surety for failure to make payments for work performed on a construction project for a county water authority.  The surety filed cross-claims against the general contractor pursuant to an indemnification agreement.  The water authority asserted indemnification claims against the surety.  The surety subsequently settled the claims against the general contractor and moved for summary judgment as to all cross-claims.  The district court granted the motion. Read More

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