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Second Circuit Rejects Arbitration-Ordered Procedure for Determining Religious Exemptions to Vaccines…

The Second Circuit Court of Appeals recently invalidated an arbitrator’s procedure for determining whether New York City Department of Education...

Carlton Fields
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ICSID Releases 2021 Annual Report for Record Financial Year

The International Centre for Settlement of Investment Disputes (“ICSID“) recently published its Annual Report for FY2021, concluding a financial year...

Herbert Smith Freehills
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Supreme Court Grants Cert in Three Arbitration-Related Cases

The big news out of the Supreme Court today (13 December 2021) involved the Texas abortion ban, but the Court...

Imre Szalai
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FINRA DRS Posts Stats Through October: Overall Arbitration Filings Continue to Decline, But Mediations are…

FINRA Dispute Resolution Services (“DRS”) posted case statistics through the end of October, with the overall arbitration case filing trends...

Securities Arbitration Alert
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A Trio of House Bills Take Aim at Epic Systems

The U.S. House of Representatives has fired another salvo against class and collective action waivers in employment agreements. The recently...

Ballard Spahr
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District Court Enters Default Judgment Against a Foreign Sovereign Thereby Confirming the Arbitral Award Against…

In 2007 and 2008, DIGOIL, a South African oil exploration company, entered into two contracts with the Democratic Republic of...

Baker McKenzie
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Second Circuit Affirms Judgment Confirming Dismissal of Claims on Statute of Limitations Grounds and…

The Second Circuit recently affirmed the confirmation of an arbitrator’s decision dismissing claims on statute of limitations grounds against a...

Carlton Fields
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United States Court of Appeals for the Fourth Circuit Refuses to Enforce Arbitration and Choice of Law Provisions…

Most of us have heard the expression “Pigs get fat, hogs get slaughtered.” The United States Court of Appeals for...

Rosenberg Martin Greenberg LLP
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With the Decks Cleared, SCOTUS Takes on Another Arbitration-centric Case

Having just heard argument in this term’s only arbitration-related case on the oral argument docket, SCOTUS on November 15 granted...

Securities Arbitration Alert
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Delaware Court of Chancery Enjoins Arbitration, Holds It Has Subject Matter Jurisdiction to Decide Substantive…

As a general matter, Delaware courts retain jurisdiction to determine substantive arbitrability – that is, whether claims are subject to...

Morris James
popu-blog

Arbitration Clause Not Binding on the United States Patent Office

The Federal Circuit’s recent ruling in MaxPower Semiconductor Inc. et al v. Rohm Semiconductor USA, LLC highlights the interplay between...

Proskauer
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Ninth Circuit Swipes Right on Arbitration of Former Tinder Employee’s Sexual Harassment and Retaliation Claims

The Ninth Circuit Court of Appeals recently held that a former Tinder employee who asserted claims of sexual harassment by...

Reinsurance Focus
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Fifth Circuit Affirms Order Confirming International Arbitration Award, Ending Decades-Old Maritime…

Vinod Kumar Dahiya was injured in late 1999 while on a ship en route to Louisiana. At the time, he...

Carlton Fields
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Hong Kong Court Reaffirms Pro-Arbitration Stance by Granting Stay of Court Proceedings Brought Under…

The judgment of the Hong Kong District Court ("Court") in Gurkhas Construction Ltd v Craft Façade Tech (Hong Kong) Co Ltd is...

Herbert Smith Freehills
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U.S. Chamber of Commerce Asks Ninth Circuit to Reconsider Ruling Upholding California’s Mandatory…

The battle concerning California’s Assembly Bill (AB) No. 51—the law seeking effectively to ban mandatory employment arbitration in California—continues to...

Ogletree Deakins
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Tenth Circuit Affirms Arbitration Award in Soaring Victory for Jet Engine Manufacturer

Williams International designs, manufactures, and services small jet engines. In May 2013, Dodson International Parts Inc., a company that sells...

Reinsurance Focus
popu-blog

Seventh Circuit Concludes That Arbitration Clause That Waives ERISA Remedies Is Invalid

The Seventh Circuit Court of Appeals recently concluded that an arbitration clause that prohibited claimants from seeking or receiving any...

Carlton Fields
popu-blog

Beijing Court Upholds Arbitration Clause Designating Non-Existent Arbitral Institution

In Sichuan Daiyalan Trading v Hong Kong New Wish Electronics (Fourth Intermediate People's Court of Beijing, 19 March 2021), the...

White & Case
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National Defense Authorization Act Amends SCRA to Restrict Use of Arbitration Agreements and Waivers of…

In addition to amendments to the Fair Credit Reporting Act dealing with the reporting of adverse information on servicemembers by...

Ballard Spahr
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Fifth Circuit Holds Prior Waiver of Right to Arbitrate State Law Claims Does Not Waive Right to Compel Arbitration…

In protracted litigation springing from the sale of “free” credit reports that “were not really free,” the Fifth Circuit Court...

Carlton Fields
popu-blog

Seventh Circuit Finds Collective Bargaining Agreement Arbitration Clause Not ‘Sufficiently Specific’

Considering an airline’s appeal, the Seventh Circuit in Cloutier v. GoJet Airlines LLC, provided additional guidance about what is needed...

Schnader
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District Court Refuses to Vacate Award Annulled at The Seat of Arbitration Because It Would Offend Basic Standards of…

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,...

Baker McKenzie
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Federal Court in Florida Rules That Federal Arbitration Act Exclusion Does Not Apply to Uber Drivers

On June 1, 2021 the Southern District of Florida granted the motion by Uber Technologies, Inc. (“Uber”) to compel arbitration,...

Epstein Becker Green
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Federal Circuit: Contractual Arbitration Agreements Don’t Bind PTAB Institution Decisions

The US Court of Appeals for the Federal Circuit issued an order declining to intervene in inter partes review (IPR)...

McDermott Will & Emery
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California Ban on Mandatory Arbitration Clears Ninth Circuit Hurdle

The fight between business groups and California officials over mandatory arbitration clauses in employment contracts deepened Wednesday after a divided...

Courthouse News Service
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Second Circuit Affirms Denial of Motions to Compel Arbitration in Suit Against Trump Corp. and Trump Family

The Second Circuit recently affirmed the denial of motions to compel arbitration filed by, inter alia, the Trump Corp. and...

Reinsurance Focus
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Restauranteur Stands on Principle and Prevails After Six Years of Litigation

After six years of litigation, the California Supreme Court denied review of a Court of Appeal decision that affirmed an...

California Labor & Employment Blog
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Ecuador is Now Officially a Contracting State of The ICSID Convention

On June 30, 2021, Ecuador’s Constitutional Court (Constitutional Court) held that President Guillermo Lasso had the power to ratify the...

Arbitration Notes
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Iraq Ratifies Mauritius Convention On Transparency In Investor State Arbitration

Iraq has become the latest state to ratify the Mauritius Convention on Transparency in Treaty-based Investor-State Arbitration (the Mauritius Convention),...

Herbert Smith Freehills
popu-blog

Chinese Arbitration Award Confirmed Despite US Company’s Claim of Unfair Treatment Stemming…

The Northern District of New York confirmed this month an arbitration award made in June 2018 by the China International...

Carlton Fields

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