The Ninth Circuit Court of Appeals recently reversed a district court’s decision granting a motion to compel arbitration filed by a non-signatory to the agreement containing the arbitration clause. The non-signatory argued that it was a third-party beneficiary of the agreement and that equitable estoppel allowed it to compel arbitration, but the Ninth Circuit rejected those claims under California law.
Kim Ngo bought a BMW from a California dealership. Ngo financed the car through a purchase agreement with the dealership that contained an arbitration clause. The car was allegedly riddled with problems, and Ngo sued the car’s manufacturer, BMW of North America, under, inter alia, California and federal consumer protection statutes regarding car warranties…
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This week, UNCITRAL Working Group III will consider the Draft Arbitrator Code of Conduct. They will be looking at proposed Article 3(2)(a), pursuant to which the obligation to remain independent and...
By Katherine SimpsonIn this episode of the Arbitration Conversation, Amy interviews Tanya Venter advocate of the High Court and a member of the Johannesburg Bar. Previously the CEO of Tokiso, Tanya remains...
By Tanya Venter, Amy SchmitzThis article first appeared on Arbitration Notes by Herbert Smith Freehills, here. On 22 April 2021 the UK Jurisdiction Taskforce (UKJT), a government-backed initiative chaired by Sir Geoffrey Vos, Master...
By Craig Tevendale, Chris Parker, Dorothy Livingston, Vanessa Naish, Charlie Morgan
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