News

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Right to a Physical Hearing Project: Newly Released Reports Confirm Core Trends and Divergences

The third and final group of national reports on the Right to a Physical Hearing Project has been published. Reports...

Stacie Strong
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Party Opposing Confirmation of Non-Domestic Arbitration Award Subject to Convention May Also Assert FAA Defenses……

In 2006, Goldgroup and DynaResource entered into a contract relating to a gold mining operation in Mexico, which contained a...

Reinsurance Focus
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SCOTUS Agrees to Hear Case on Federal Court Jurisdiction to Confirm or Vacate Arbitration Awards

The United States Supreme Court granted certiorari in Badgerow v. Walters, No. 20-1143 on May 17, 2021.  The question presented is...

Ballard Spahr
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Connecticut Supreme Court Finds State Law Statutory Limitation Period to Vacate Arbitration Award Confers Jurisdiction……

Plaintiff A Better Way Wholesale Autos Inc. filed an application in Connecticut state court seeking to vacate an arbitration award...

Carlton Fields
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Sixth Circuit Holds that the “Amount in Controversy” in a Petition to Challenge an Arbitration Award……

Hale v. Morgan Stanley Smith Barney LLC, No. 20-33412 (6th Cir. Dec. 15, 2020) [click for opinion] Dissatisfied with several...

Global Arbitration News
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An “Exceptional Year” For The London Court Of International Arbitration

The London Court of International Arbitration (the LCIA) has released its Casework Report for 2020. The statistics in the Report...

Herbert Smith Freehills
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The D.C. District Court Allows State Sponsored Tribunal to Seek Discovery in Federal Court under 28 USC § 1782(a)

As the U.S. Supreme Court currently considers the issue of whether a private international arbitration constitutes a “foreign or international...

Fox Rothschild
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Hong Kong and Mainland China Enhance Law on Mutual Enforcement of Arbitral Awards

Since 1 February 2000, enforcement of arbitral awards between the Mainland and Hong Kong has been governed by a separate...

Baker McKenzie
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US Supreme Court to Decided Whether Federal Courts have Jurisdiction to Confirm or Vacate Arbitration……

The Supreme Court recently granted cert to address the issue of whether federal courts have subject-matter jurisdiction to confirm or...

Imre Szalai
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Amazon to Arbitrate Price Gouging Class Action, Leaving Open Questions of Platform Liability

Class actions plaintiffs and state enforcers have tried to use state price-gouging laws to hold online retailers accountable for prices...

Proskauer
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District Court Confirms Interim Arbitral Award Granting Injunctive Relief

Vital Pharmaceuticals, d/b/a VPX Sports v. Pepsico, Inc., No. 20-CIV-62415-RAR (S.D. Fla. Dec. 21, 2020) [click for opinion] In March...

Global Arbitration News
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Ninth Circuit Decision on Arbitrability of Statutory Employment Claims

Arbitration clauses are extremely common in employment contracts. But, despite the Supreme Court’s consistent pronouncements that arbitration agreements should be...

JD Supra
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US Court Holds that Service Providing Actual Notice of Arbitration-related Court Proceeding……

In 2014, Plaintiff TVL International, LLC (“TVL”), a Delaware corporation, and Defendants Zheijiang Shenghui Lighting Co., Ltd. (“Zheijiang”), a Chinese...

Baker McKenzie
popu-blog

Israel’s International Commerical Arbitration Bill

Israel’s Ministry of Justice recently put forth a bill for the “International Commercial Arbitration Law,” as part of which Israel...

Barnea Jaffa Lande
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FINRA to Resume In-person Hearings in 62 of 69 Hearing Locations Effective July 5

Independence Day 2021 will be ushered in with a bang for FINRA Dispute Resolution Services (“DRS”) constituents yearning for a...

Securities Arbitration Alert
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California Federal Court Rejects Unconscionability Claims, Enforces Delegation Clauses……

Two former Aon employees sued Aon, claiming restrictive covenants in agreements they entered into with the company were void, illegal,...

Reinsurance Focus Carlton Fields
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Petition Seeks Supreme Court Review of Standard for Determining Federal Court Jurisdiction…..

An employee of a Louisiana financial service company who lost in an employment-related arbitration is asking the U.S. Supreme Court...

Global Disputes Resolution Insights
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First Circuit Concludes App User Is Bound by Arbitration Clause in App’s Terms and Conditions

The First Circuit Court of Appeals recently concluded that an app user had sufficient notice of and was bound by...

Carlton Fields
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Indian Supreme Court allows Indian Parties to Choose a Foreign Seat Of Arbitration

Settling a much-litigated issue, the Supreme Court of India recently decided that two Indian parties can choose a foreign (non-Indian)...

Herbert Smith Freehills
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Second Circuit Affirms Confirmation of ICC Decision Based on UAE Law

The Second Circuit Court of Appeals recently affirmed a decision confirming a decision by the International Chamber of Commerce (ICC)...

Reinsurance Focus Carlton Fields
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Florida Court Rules That Retainer Agreement Arbitration Provision is Enforceable and Severable From……

A Florida appellate court held that plaintiff was required to arbitrate her claims against the attorney and her law firm...

Hinshaw Law
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Supreme Court Declines to Engage in the Interpretation of “Engaged in Commerce”

It is hornbook law that the Federal Arbitration Act (“FAA”) enforces pre-dispute arbitration agreements involving just a hint of interstate commerce. Section...

Securities Arbitration Alert
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FINRA Cautions on Arbitration Clause

Last week, FINRA issued Regulatory Notice 21-16 cautioning member firms against attempting to limit customer claims through language in mandatory...

Burr Forman
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CBCA Decision – CBCA Strictly Enforces Arbitration Filing Deadlines Under the 2018 Disaster Recovery Reform Act

Section 1219 of the Disaster Recovery Reform Act of 2018 (DRRA) permits FEMA Public Assistance applicants to pursue binding arbitration...

JD Supra
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Eleventh Circuit Holds That “Notice of a Motion to Vacate” Under FAA Cannot Be Accomplished by Email……

After an arbitration resulted in an award that included more than $650,000 in attorneys’ fees, the liable party filed a...

Reinsurance Focus Carlton Fields
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2021 Trends in International Arbitration

In review of the 2020 statistics from various arbitral institutions, the clear message is that international businesses have had a...

JD Supra
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Uber Unable to Force California Driver to Arbitrate PAGA Suit

Uber Technologies Inc. failed to block a driver in California from suing in court on behalf of the state over...

Bloomberg Law
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Amazon to Get Battery Claims Arbitrated, Minus Would-Be Class

Another proposed class action against Amazon.com Inc. has fallen to the terms of use that consumers agree to with each...

Bloomberg Law
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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
popu-blog

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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