In 2005, Compañía de Inversiones Mercantiles S.A. (“CIMSA”), Grupo Cementos de Chihuahua, S.A.B. de C.V. (“GCC S.A.B.”) and GCC Latinoamérica, S.A. de C.V. (“GCC Latinoamérica,” and collectively “GCC”) executed a shareholder’s agreement under which they each obtained a right of first refusal of shares in a mutually held Bolivian cement company. In late 2009, GCC communicated its intention to sell its shares in the cement company. After lengthy negotiations regarding CIMSA’s purchase of GCC’s shares, GCC claimed that CIMSA’s attempts to exercise its right of first refusal were invalid, and sold its shares to a Peruvian company instead…
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In the U.S. Congress’ latest proposal to strike against arbitration, Judiciary Committee Chairman Jerrold Nadler and Labor Committee Chairman Robert C. “Bobby” Scott introduced the Restoring Justice for Workers Act. The...
By John Schaffer, Marla PresleyThe principles of independence and impartiality are fundamental to procedural fairness in workplace investigations. The arbitration decision in Toronto Metropolitan Faculty Association v. Toronto Metropolitan University (2024 CanLII 109523) underscores...
By Aaron Sidhu, Jessie SidhuThis article first appeared on Securities Arbitration Alert (SAA), here. This is less a letter from the editor and more your editor’s musings, but I wonder whether we are seeing...
By George Friedman