News

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Sixth Circuit Concludes District Court Lacked Authority to Award Attorneys’ Fees Following Arbitration

The Sixth Circuit recently reversed a district court’s decision to award attorneys’ fees after the Circuit concluded that the claim...

Reinsurance Focus Carlton Fields
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Fourth Circuit Says Arbitration Clause Can Prevent Appellate Review

Some employers concerned about the risks and expenses that accompany employment litigation instead require their workers to agree to mandatory...

Parker Poe
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ICC Expands Automatic Application of Expedited Procedure

ICC arbitrations based on agreements entered into in 2021 and beyond will follow an expedited procedure if the amount in...

Proskauer
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Federal Circuit Affirms Denial of Oil Company’s Attempt to Compel Arbitration Following Loss at Trial

Benton Energy Service Co. (BESCO) has lost its appeal seeking to compel arbitration in a drilling patent dispute against Cajun...

Reinsurance Focus Carlton Fields
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Eleventh Circuit Holds Subsequent FCRA Claim Subject to Arbitration Provision Under…..

In Hearn v. Comcast Cable Communications, LLC, the Eleventh Circuit Court of Appeals held that a FCRA claim arising nearly a...

Womble Bond Dickinson
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Arbitration Clauses Will Not Be Enforced Against Employees Who Engage in Interstate Commerce……

As part of your company’s onboarding process, all employees sign an agreement making it crystal clear that if there ever...

JD Supra
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Singapore High Court Requires Third Party’s Express Written Consent to be Joined to Arbitration Under LCIA Rules

On 19 March 2021, the Singapore High Court issued an important decision on the concept of a “forced joinder” in CJD...

JD Supra
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Ninth Circuit Vacates “Bizarre” Arbitration Award in Drug-Related Employment Termination Dispute

In a 2-1 decision, the Ninth Circuit Court of Appeals recently reversed a district court’s order confirming an arbitration award in favor...

Carlton Fields Reinsurance Focus
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Ninth Circuit Upholds Arbitration Agreement, Holding That its Ban on Class Actions Did Not Prohibit Plaintiff…..

On February 19, 2021, the Ninth Circuit upheld a district court’s grant of a motion to compel arbitration in a...

JD Supra
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Second Circuit: “Manifest Disregard” Lives But is Really Hard to Prove.

We like cases like HDI Global SE v. Phillips 66 Co., No. 20-1743- cv (2d Cir. Mar. 24, 2021) (summary...

Securities Arbitration Alert
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Pre-Dispute Employment Arbitration Agreements Are Enforceable in New Jersey, According to A Recent Ruling

On March 18, 2019, New Jersey amended the New Jersey Law Against Discrimination (NJLAD) to include a provision that rendered...

Hogan Lovells
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Sixth Circuit Reverses District Court for Exceeding Its Authority by Ruling on Arbitrability…..

The plaintiff alleged that she was a victim of an illegal predatory loan orchestrated by the defendant’s company. The loan...

Reinsurance Focus Carlton Fields
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Swiss Federal Supreme Court Confirms that Not the Tribunal’s Legal Reasoning, but Only…..

In its decision published 6 January 2021, the Swiss Federal Supreme Court (“SFSC”) dismissed a challenge because in its view,...

Global Arbitration News Baker McKenzie
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Iraq Will Become The 168th Signatory to The New York Convention

On March 4, 2021, the Parliament of Iraq passed the “Law on the Accession of the Republic of Iraq to...

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Florida Third DCA Makes Rare Finding Against Arbitrability where Arbitration Clause is Present in Contract

On March 10, 2021, the Florida Third District Court of Appeal made a rare finding against arbitrability where an arbitration...

Rumberger | Kirk
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North Carolina District Court Dismisses Action Where Plaintiff Had Full and Fair Opportunity to Pursue Arbitration Claim

This case arose out of a dispute between the plaintiff and his former employer American National Red Cross for incorrect...

Carlton Fields
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Court Finds Pre-Hearing Nonparty Deposition Subpoenas Permitted by FAA…..

Nonparty Lawrence Satz received an arbitral subpoena in a proceeding between International Seaway Trading Corp. and Target Corp. Satz was...

Reinsurance Focus
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SCOTUS Grants Cert. on Whether 28 USC Section 1782 Provides for Discovery in Aid of Foreign Arbitration

The Supreme Court has agreed to resolve a major split on whether 28 USC Section 1782 provides for discovery in...

Securities Arbitration Alert
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Malawi Becomes 167th Contracting State to The New York Convention

Malawi has become the 167th Contracting State to the 1958 New York Convention on the Recognition and Enforcement of Foreign...

Herbert Smith Freehills
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Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case

The parties in a $238-million dispute over the construction of the third set of locks for the Panama Canal is...

Fox Rothschild
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West Virginia District Court Rejects DirecTV’s Bid to Compel Arbitration

In 2012, the plaintiff entered into a cellphone service contract with AT&T Mobility in which she agreed to arbitrate all...

Reinsurance Focus Carlton Fields
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Second Circuit: 401(K) Fiduciary Breach Claims Not Subject To Arbitration

In a 2-1 split decision, the US Court of Appeals for the Second Circuit reversed a lower court’s decision that...

Morgan Lewis
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A Record Number Of Cases And Revised Rules At The ICC Underscore The Increasing Appeal Of Arbitration

The International Chamber of Commerce’s (“ICC”) preliminary statistics for 2020 reveal a record total of new arbitration and Alternative Dispute Resolution (“ADR”)...

Vinson & Elkins
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Fourth Circuit Affirms Denial of Vacatur of Arbitration Award, No Denial of Fair Hearing or Manifest Disregard of Law

A former vice president of a division within Oracle Corp. filed a demand for arbitration against Oracle, claiming that he...

Reinsurance Focus Carlton Fields
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Ninth Circuit Affirms Removal to Federal Court and Order Compelling Arbitration, Construing Forum Selection…

The representative of former stockholders who sold their shares in a leasing corporation pursuant to a stock purchase agreement had...

Reinsurance Focus Carlton Fields
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US HoR passes Protecting the Right to Organize Act, Possibly Limiting Employment Arbitration

On  March 9, 2021, the US House of Representatives passed the proposed Protecting the Right to Organize Act (PRO Act)...

Politico
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Second Circuit: Investment Advisor Not Covered by Plaintiff’s Employment Arbitration Agreement

The U.S. Court of Appeals for the Second Circuit recently concluded that investment advisor Ruane Cunniff & Goldfarb must face...

National Law Review
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District Court Denies Motion to Compel Arbitration Over Breach of Fiduciary Duties Claims

Despite the strong federal policy in favor of arbitration, the U.S. District Court for the Southern District of Ohio recently...

JD Supra
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Ninth Circuit Affirms Arizona District Court’s Dismissal of Frivolous Petition to Compel Arbitration

On June 23, 2020, the U.S. District Court for the District of Arizona dismissed a pro se plaintiff’s petition to...

Carlton Fields
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Massachusetts Court Holds Uber’s Registration Process Did Not Give Reasonable Notice of Arbitration

The Massachusetts Supreme Judicial Court in Kauders v. Uber Technologies, Inc., No. SCJ-12883 recently held that Uber’s notification of its...

Reinsurance Focus Carlton Fields

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