Alternative Dispute Resolution (ADR), Antitrust & Trade Regulation

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

by Demetrius Lambrinos | Zelle Hofmann Voelbel & Mason LLP on 4/24/2013

I. Introduction - There has been much debate concerning the scope of the Supreme Court’s recent decision in AT&T Mobility LLC v. Concepcion, and the enforcement of collective arbitration waivers — also called “class...more

"UK’s Department of Business, Innovation and Skills Proceeds with Private Competition Action Reforms"

by Patrick Heneghan, David Kavanagh, James Keyte, Gary MacDonald, Tiffany Rider, Ingrid Vandenborre | Skadden, Arps, Slate, Meagher & Flom LLP on 3/28/2013

The U.K.’s Department of Business, Innovation and Skills (BIS) has issued a ‘government response’ or plan for reform indicating that the government will move forward with a number of substantial changes to the U.K.’s...more

Supreme Court Hears AMEX Class Arbitration Case

by Deborah Renner | BakerHostetler on 3/15/2013

Editors’ Note: This post was originally published at rennerclassactions.com, and is reprinted with permission. The Supreme Court recently heard argument in American Express Co. v. Italian Colors Restaurant, No. 12-133....more

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into...

by Carey Busen | BakerHostetler on 3/13/2013

Arbitration in the context of antitrust class action litigation continues to be a front and center issue for the federal appeals courts. (See this blog’s discussion of a Third Circuit decision from late last year, In re...more

Class Action Waivers And Arbitration Agreements - Justices Divided On Validity Of Effective Vindication Of Rights Analysis In AMEX...

by Ruth E. Hartman, John Lewis | BakerHostetler on 3/8/2013

The U.S. Supreme Court heard the much anticipated oral argument in American Express Co. v. Italian Colors Restaurant on February 27, 2013. The issue before the Court was whether an arbitration clause which prohibits class...more

Federal Court of Appeal Rules that Class Proceedings under the Competition Act Can Be Stayed on the Basis of an Arbitration Clause

by Stephanie Fujarczuk, Christopher Naudie, Mary Paterson | Osler, Hoskin & Harcourt LLP on 3/6/2013

The Federal Court of Appeal recently issued an important ruling in respect of the application of arbitration clauses to private actions and class proceedings involving claims of anti-competitive conduct under the Competition...more

SCOTUS Hears AmEx III: Argument Highlights

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/28/2013

The Supreme Court heard arguments in AmEx III today, the case that presents the question whether an arbitration agreement precluding class actions can be invalid if it makes it impossible for plaintiffs to vindicate federal...more

Non-Signatories Lose In Two Federal Circuits When Trying To Enforce Arbitration

by Liz Kramer | Leonard, Street and Deinard - Arbitration... on 2/22/2013

Two federal circuit courts recently reversed district court decisions allowing non-signatories to compel arbitration. The analysis emphasizes that for a defendant to prove equitable estoppel compels arbitration, the...more

Bernstein Shur Business and Commercial Litigation Newsletter #22

by Paul McDonald, Daniel J. Murphy | Bernstein Shur on 11/29/2012

We are pleased to present the 22nd edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we examine several cases that the U.S. Supreme Court will hear in its next term and an...more

Supreme Court to Hear Another Case on Class Arbitration Waivers

by Kevin J. Hamilton, Zachary P. Jones | Perkins Coie on 11/21/2012

On November 9, 2012, the U.S. Supreme Court agreed to consider the enforceability of a class action waiver clause in agreements between American Express and merchants that accepted its cards. The merchants filed a proposed...more

Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again

by Leo Caseria, David R. Garcia | Sheppard Mullin Richter & Hampton LLP on 11/20/2012

On Friday, November 9, 2012, the Supreme Court granted certiorari in American Express Company vs. Italian Colors Restaurant, No. 12-133 to address the following question: “Whether the Federal Arbitration Act permits courts,...more

"U.S. Challenges China’s Automobile and Auto Parts Export Policies at the WTO While Leaving the Door Open for Additional Trade...

by Skadden, Arps, Slate, Meagher & Flom LLP on 10/23/2012

The United States has filed a request for consultations at the World Trade Organization (WTO) challenging China’s export policies for automobiles and auto parts. A request for consultations is the first step in the dispute...more

Pleading Extraterritorial Claims in New York in Light of Global Re v. Equitas

by Quinn Emanuel Urquhart & Sullivan, LLP on 10/22/2012

Courts have long grappled with how to apply state and federal laws to disputes that arise entirely outside U.S. borders, sometimes concluding that such laws should not be applied extraterritorially at all. Earlier this year,...more

Doing Business in Canada: Procurement Law

by Bennett Jones LLP on 10/18/2012

Outside of the province of Québec, procurement law in Canada derives from both a prolific body of common law and a broad range of provincial and federal statutes. Regardless of the province, federal government procurement...more

Argentine Protectionism

by King & Spalding on 10/5/2012

On August 21, 2012, the United States and Japan both initiated complaints against Argentina at the WTO because of Argentina’s use of trade protectionist measures. The two complainant nations took particular exception to...more

Energy Newsletter - October 2012

by King & Spalding on 10/3/2012

In This Issue: - DISPUTE RESOLUTION: International Arbitration: Extra Heavy Crude Oil: An Increased Potential for International Disputes by Louis-Alexis Bret - International Arbitration: Second Circuit Clarifies...more

Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision's Impact on Federal Claims Makes a...

by Schnader Harrison Segal & Lewis LLP on 9/13/2012

A year ago, the U.S. Supreme Court handed down its ruling in AT&T Mobility LLC v. Concepcion, 131 S.Ct. 1740 (2011), which enforced a contractual waiver of class arbitration in an arbitration clause under the Federal...more

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Alternative Dispute Resolution (ADR) › Antitrust & Trade Regulation

Class Action Waivers and the Arbitrability of Antitrust Claims—Charting the Likely Ramifications of AMEX III

"UK’s Department of Business, Innovation and Skills Proceeds with Private Competition Action Reforms"

Supreme Court Hears AMEX Class Arbitration Case

Eighth Circuit Rules Equitable Estoppel Doctrine Cannot Be Used to Compel Non-Signatories to an Arbitration Agreement into...

Class Action Waivers And Arbitration Agreements - Justices Divided On Validity Of Effective Vindication Of Rights Analysis In AMEX...

Federal Court of Appeal Rules that Class Proceedings under the Competition Act Can Be Stayed on the Basis of an Arbitration Clause

SCOTUS Hears AmEx III: Argument Highlights

Non-Signatories Lose In Two Federal Circuits When Trying To Enforce Arbitration

Bernstein Shur Business and Commercial Litigation Newsletter #22

Supreme Court to Hear Another Case on Class Arbitration Waivers

Supreme Court to Address Enforceability of Arbitration Agreements and Class Action Waivers Yet Again

"U.S. Challenges China’s Automobile and Auto Parts Export Policies at the WTO While Leaving the Door Open for Additional Trade...

Pleading Extraterritorial Claims in New York in Light of Global Re v. Equitas

Doing Business in Canada: Procurement Law

Argentine Protectionism

Energy Newsletter - October 2012

Class Action Waivers After Concepcion: The Emergence of a Circuit Split Over the Decision's Impact on Federal Claims Makes a...

iPhone Owners Not Necessarily Required to Arbitrate Monopolization Claims Against Apple

Second Circuit Refuses to Review Decision That Class Action Waiver in Arbitration Agreement is Unenforceable

Energy Newsletter - June 2012

Second Circuit Splits with Ninth Circuit on Enforcement of Class Action Waivers

Draft Amendment to China's Copyright Law

Using Federal Antitrust Law To Void Class Action Waivers

"Important New U.S. Appellate Decisions for Corporations Claiming Against Foreign States for Asset Expropriation"

Antitrust and Competition Newsletter - March 2012

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