Civil Remedies Civil Procedure Alternative Dispute Resolution (ADR)

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Arbitration Article Series I: Rise of Arbitration

The UAE has rapidly emerged as a leading financial centre, attracting large global investors and businesses. As international developers and contractors continue to invest in construction projects, there has been an...more

Court Refuses to Grant Declaratory Relief in an Arbitration

A recent Commercial Court case emphasises the limitations on court intervention in arbitration, and demonstrates that parties must think carefully about when and how to raise jurisdictional issues. In HC Trading Malta...more

"Key Takeaways: Foreign Governments, US Courts and International Arbitration"

On June 23, 2016, Skadden hosted a webinar titled “Foreign Governments, U.S. Courts and International Arbitration.” Topics of discussion included the settlement of the Argentine sovereign debt litigation, enforcement of...more

Brexit: Recognition and Enforcement of Judgments - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

Brexit: Jurisdiction - Implications for Contracting Parties and Disputes

The process of Brexit will take many years, and the implications for our clients’ business will unfold over time. Our MoFo Brexit Task Force is coordinating Brexit-related legal analysis across all of our offices, and...more

AAA’s Revised Construction Industry Arbitration Rules and Mediation Procedures

The American Arbitration Association (“AAA”) recently revised its Construction Industry Arbitration Rules and Mediation Procedures. The revised rules became effective on July 1, 2015 and include a host of changes, large and...more

The Demand Approach: Fifth Circuit clarifies that arbitration demand, not award, determines amount in controversy

In a case of first impression for the U.S. Court of Appeals for the Fifth Circuit, the court held that in a proceeding to confirm an arbitral award under the Federal Arbitration Act (FAA), the amount of the demand in...more

"Texas Supreme Court Update: Arbitration Review Under the Texas Arbitration Act - Are Common Law Grounds for Review Dead?"

In Hoskins v. Hoskins, et al, (2016 WL 2993929) the Texas Supreme Court held that the sole grounds available to set aside an arbitration award under the Texas Arbitration Act (“TAA”) are found in Section 171.008 of the TAA,...more

Arbitrators Have Inherent Authority To Award Punitive Damages

In RV V Lockworks, LLC v. Five Yale & Towne, LLC, 2016 Conn. Super. LEXIS 563 (Conn. Super. Ct. Mar. 16, 2016) an arbitrator awarded punitive damages to the purchaser of a newly-constructed 300-unit apartment complex when it...more

May 2016: Ten Biggest Labor And Employment Law Stories

The world of labor and employment law is always rapidly evolving. In order to make sure that you stay on top of the latest developments, we typically bring you a review of the five biggest stories from previous month. May...more

Arbitration Agreements: Make Your Own Rules of Civil Procedure

Generally, a party in litigation is constrained to follow the applicable State or Federal Rules of Civil Procedure as they navigate through each stage of the case. One of the perks of arbitration (in addition to the commonly...more

New York Enforcement Update

New York has long been a critical enforcement venue for parties holding unsatisfied arbitral awards and/or judgments. New York is the financial capital of the United States, and that reality, coupled with the state’s expert...more

Hague Court Finds Arbitration Panel Has No Jurisdiction Against Russia Pursuant to Unratified Treaty

The District Court of the Hague overturned a record $50 billion in damages awards issued by the Permanent Court of Arbitration (“PCA”), to the former controlling shareholders of the Yukos Oil Company on the grounds that...more

An appeal on the merits unmasked - High Court dismisses application to set aside arbitral award - A case study of Mount Eastern...

The Singapore High Court’s recent decision in Mount Eastern Holdings Resources Co., Limited v H&C S Holdings Pte Ltd and another matter [2016] SGHC 01 demonstrates that the court takes great care not to overstep its...more

Unvacating Arbitration Awards: Quarterbacks and Car Accidents

The Second Circuit reminded us yesterday that judicial review of arbitration awards is “among the most deferential in the law.” And when district courts are not sufficiently deferential, their decisions are likely to be...more

Deflategate for Labor Lawyers Revisited: 2nd Circuit Reinstates Brady Suspension and Reaffirms Judicial Deference to Arbitration

The United States Court of Appeals for the Second Circuit has reinstated the four game suspension imposed by the NFL on New England Patriots quarterback Tom Brady for his role in the infamous “Deflategate” scandal. This...more

Should an arbitrator sign on all pages of the arbitration award?

Legal Rule - Under normal circumstances the general rule is that an arbitration award shall be valid only if signed on all pages by the arbitrator. However the exception to this rule is that the arbitrator's signature on...more

California Supreme Court Upholds Arbitration Agreements That Mutually Exclude Applications for Temporary Restraining Orders and...

On Monday, March 28, 2016, the California Supreme Court affirmed the decision of the Second Appellate District holding that an arbitration agreement in an employment contract is not substantively unconscionable simply because...more

Beware the “Non-Exclusive” Arbitration Clause

“Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than “shall” or “should” be so referred). The Privy Council clarified the nature of these clauses in a recent case but...more

Agreements to Arbitrate Are Simple, Right?

The construction industry has been a leader in the use of arbitration to resolve disputes. In the past 30 years, it is fair to say that arbitration has outpaced litigation as the dominant method of dispute resolution. The...more

California Supreme Court Issues Pro-Arbitration Agreement Decision

On March 28, 2016, the Supreme Court of California issued another ruling on the enforceability of arbitration agreements. In Baltazar v. Forever 21, Inc. (S208345), the court considered the enforceability of an arbitration...more

Question #273: Crafting a Concrete Non-Compete

Question: Our company uses non-compete and non-solicit agreements that bar former employees from having contact with any client of our company after they leave. One former employee who recently left is now claiming the...more

IPCO (Nigeria) Ltd v Nigerian National Petroleum Corporation [2015] EWCA Civ 1144

The latest judgment in this long-running and complicated saga was handed down by the Court of Appeal on 10 November 2015. In 2004, a Nigerian-seated arbitral tribunal awarded IPCO approximately US$152 million....more

Nevada Supreme Court Holds That Failure to Comply With Contract’s Mediation Provision Bars a Suit on the Contract

In MB America, Inc., v. Alaska Pacific Leasing Company, 132 Nev. Adv. Op. 8 (February 4, 2016), the Nevada Supreme Court was presented with an appeal from an order granting a summary judgment in the defendant’s favor because...more

MLB Litigation Brief: Class Action Questions Open After Scalia’s Death, Arbitration Fees and American Rule & More

2015 Witnesses Record Securities Class Actions: The National Economic Research Associates, Inc. (NERA) recently released its report, Recent Trends in Securities Class Action Litigation: 2015 Full-Year Review, detailing the...more

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