In CleanSpark Inc. v. Discover Growth Fund, the Court was faced with two contractual provisions, one establishing personal jurisdiction in the S.D.N.Y. and another requiring arbitration elsewhere, and determined that while questions of arbitrability are ordinarily determined by courts, the parties had presented clear and unmistakable evidence of their intention to arbitrate questions of arbitrability.
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Dr. Katherine Simpson, an arbitrator with a focus on international disputes, possesses a unique blend of expertise with her work extending beyond the arbitration room. She is also an educator,...
By Katherine Simpson, Damini MohanIn this episode of the Arbitration Conversation Amy interviews Prof. Richard Frankel, Associate Professor of Law and Director of the Federal Litigation and Appeals Clinic at the Drexel University Thomas...
By Richard Frankel, Amy SchmitzThis article first appeared on Urbas Arbitral, here. In Kore Meals LLC v. Freshii Development LLC, 2021 ONSC 3736, Mr. Justice M. Morgan provided guidance on how to make an offer...
By Daniel Urbas