General Business Alternative Dispute Resolution (ADR) Business Torts

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Anti-Monopoly Disputes Are Not Arbitrable According to Chinese Court

On August 29, the Jiangsu Provincial Higher People's Court ruled that an arbitration clause did not apply to an anti-monopoly dispute in a 10 million yuan ($1.5 million) case brought by a distributor against a manufacturer....more

Keeping to the straight and narrow: Justice is not served when tribunals stray beyond their remit - A case study of JVL Agro...

In JVL Agro Industries Ltd v Agritrade International Pte Ltd [2016] SGHC 126, the High Court set aside an international arbitration award because the tribunal had breached natural justice by dismissing JVL’s claim on an issue...more

Treating with the Enemy: Civil Collaborative Practice

If you feel sure you have been cheated by a business partner, an employee, or a contractor, your first instinct may be to file a lawsuit, in the hope that you can annihilate the person who did you wrong....more

Court Refuses to Expand Challenges of Arbitral Procedural Orders

The recent case of Enterprise Insurance Company Plc v U-Drive Solutions (Gibraltar) Limited [1] illustrates the reluctance of courts to intervene in arbitrations despite the parties agreeing otherwise. The court dismissed an...more

Disputes come from two directions. Either a claim form or a letter threatening legal action lands on your desk, or you...

Disputes come from two directions. Either a claim form or a letter threatening legal action lands on your desk, or you discover that you have a potential legal claim against a third party. When this happens, what are the most...more

Trial Court’s Interpretation of a Contract Much Harder to Overturn, the Supreme Court of Canada Confirms

To overturn a trial court’s interpretation of a contract on appeal, it is not enough that the trial court was wrong, it must be really wrong, the Supreme Court of Canada recently affirmed in Heritage Capital Corp v Equitable...more

Russia’s New Commercial Arbitration Reform—Key Points

Russia recently enacted an important packet of laws that substantially alters the landscape for commercial arbitration in and involving Russia (both wholly domestic and international) and addresses in detail the current...more

Indian Parliament Enacts Revisions to the 1996 Arbitration Act

On 11 December 2015, we provided a summary of revisions to the 1996 Indian Arbitration and Conciliation Act (the “Act”) made by the President of India through the 2015 Arbitration and Conciliation (Amendment) Ordinance that...more

Alabama Acknowledges AAA Rules Authorize Arbitrator To Determine Whether Non-Signatory Is Bound

The Alabama Supreme Court has followed the Eighth Circuit’s lead, concluding that when the parties agree to arbitrate pursuant to the AAA Rules, they have clearly and unmistakably authorized the arbitrator to determine who is...more

Russian 'Corporate Raid' to be Dealt with by English Arbitral Tribunal

Egiazaryan and Gogokhiya v OJSC OEK Finance and The City of Moscow [2015] EWHC 3532 (Comm) - The Arbitration Act 1996 allows a party to an arbitration with an English seat to appeal a decision on jurisdiction made by the...more

Court Of Chancery Limits Scope Of Review Under ADR Clause

Not infrequently, the parties to a complicated contract include a contractual provision on how to resolve any later disputes. For example, it is common to agree to use an accounting firm to resolve accounting disputes, such...more

District Court Recognizes The Viability Of Manifest Disregard Of Law Doctrine In The Second Circuit

The Eastern District of New York recently denied plaintiff’s request to vacate an arbitration award in a contractual dispute between Incredible Foods Group, LLC, (“IFG”) and Unifoods, S.A. de C.V., (“UF”) over a shared...more

International Arbitration Newsletter (Oct 2015)

Anti-Suit Awards Are Compatible With the Original Brussels I Regulation. (Gazprom OAO v Republic of Lithuania, Case C-536/13, Judgment dated 13 May 2015) The European Court of Justice decision in Gazprom v....more

Dueling Dumpling Trade Secret Dispute Heads to District Court

For Dumpling Daughter and its newly opened rival Dumpling Girl, things are heating up in the kitchen and the courtroom, as reported by the Boston Globe, after the former filed a lawsuit in federal court in Boston asserting a...more

The Class Actions Global Guide, US


Court Rules That Procedural Law Is Synonymous With the Law of the Seat Arbitration

A recent decision of the English Commercial Court (Shagang South -Asia (Hong Kong) Trading Co Ltd v Daewoo Logistics [2015] EWHC 194 (Comm)) addresses a potential ambiguity in poorly drafted dispute resolution clauses. In...more

England: Inordinate Delay in Delivering Award is not Sufficient as a Ground to Set it Aside

The English courts have recently taken a firm position on a party's right to challenge an arbitral award on the basis of the tribunal's delay in producing that award. In B.V.Scheepswerf Damen Gorinchem v The Marine Institute...more

Arbitration Update: Clause For Concern: NSW Supreme Court Decisions a Reminder Against Boilerplate Dispute Resolutions Clauses

Two recent decisions in Australia highlight the importance of adopting caution when using boilerplate dispute resolution clauses. The Supreme Court of New South Wales' decisions in Re Ikon Group Limited (No 2) [2015] NSWSC...more

Court Confirms Power to Partially Enforce a Foreign Arbitration Award

The recent decision of the New South Wales Court of Appeal in Aircraft Support Industries Pty Ltd v William Hare UAE LLC [2015] NSWCA 229 ('Aircraft Support Industries') confirms that Australian courts have power to partially...more

Seeking Injunctive Relief: How Irreparable Harm Has Been Analyzed in Federal and State Courts

One of the most important considerations New Jersey practitioners encounter when seeking injunctive relief is where to file: state (Chancery Division) versus federal (district) court. In non-emergent complex litigation, this...more

[Webinar] How and Why California is Different When it Comes to Trade Secrets and Non-Competes - June 23, 1:00 EDT

Seyfarth attorneys will present the fifth installment in our 2015 Trade Secrets Webinar Series. They will focus on recent legal developments in California trade secret and non-compete law and how it is similar to and diverse...more

ITC Section 337 Update - March 2015 #2

Commission Declines MEGA Brands’ Request For Early Disposition Of Domestic Industry – As reported in the March 12, 2015 edition of the ITC Section 337 Update, proposed Respondent MEGA Brands filed public interest comments...more

Mandatory Arbitration Undercutting Consumer Rights?

New Jersey businesses may face increased litigation if proposed legislation to bar mandatory arbitration clauses in consumer contracts is made law. The proposed bill – recommended for passage by the Assembly Consumer Affairs...more

District Court Grants Motion To Stay Pending Arbitration Over Non-Signatory’s Opposition

In late August, a federal district court in Louisiana granted a group of defendants’ motion to stay pending arbitration. Plaintiff alleged breach of fiduciary duty, negligence, and fraud in connection with a trust account set...more

Covered or Not: Has Hartford v. Swift Opened a Faster Lane for Intellectual Property and Insurance Mediation?

The California Supreme Court recently issued its longawaited coverage decision in Hartford Casualty Ins. Co. v. Swift Distribution, Inc., 59 Cal. 4th 277 (2014). The Court, applying California state law, upheld the trial...more

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