Arbitration

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
News & Analysis as of

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Arbitration Agreements And Foreign Laws That Do Not Give Effect To Mandatory Principles Of EU Law

The decision in Accentuate Ltd v ASIGRA Inc (Accentuate) relates to the alleged wrongful termination by the defendant (licensor) of an agreement with the claimant (distributor) for the distribution of software products (the...more

Third Party Bound By Arbitration Agreement Which It Never Signed

In the context of a right of direct action by an injured party (Spain and France) against a D&I insurer, in The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & anr [2015] EWCA Civ 333, 1...more

Third Party Bound By Arbitration Agreement Which It Never Signed

In the context of a right of direct action by an injured party (Spain and France) against a D&I insurer, in The London Steamship Owners' Mutual Insurance Association Ltd v The Kingdom of Spain & anr [2015] EWCA Civ 333, 1...more

Resolving Inconsistent Jurisdiction Clauses And Limits To Fiona Trust Presumption

In Trust Risk Group SpA v AmTrust Europe Ltd [2015] EWCA Civ 437, 30 April 2015, the Court of Appeal held that when resolving competing jurisdiction clauses in two different agreements where one is entered into at a later...more

Sixth Circuit Denies Additional Attorneys’ Fees For Post-Arbitration Confirmation Proceeding, Finding Them Beyond The Scope Of...

The Sixth Circuit affirmed the district court’s denial of a motion for attorneys’ fees and enhancement of fees resulting from post-arbitration confirmation proceedings. The issue before the court was whether the agreement...more

EU Litigation Update - June 2015

Recognition and Enforcement of Arbitral Awards in Russia: Recent Developments. Recent decisions concerning the enforcement of international arbitration awards in Russian courts have yielded mixed results. Russian courts have...more

Arbitration Fireworks: Three Federal Circuits Refuse To Compel Arbitration

Three federal appellate courts recently affirmed lower courts’ refusal to compel arbitration. These cases show that the federal policy favoring arbitration is not absolute – the parties must have agreed to arbitrate the...more

Fifth Circuit Weighs In On Arbitrability Of Issues That Could Have Been Decided By The Court

In the recent unpublished opinion, the United States Court of Appeals for the Fifth Circuit confirmed that if an issue is voluntarily submitted to an arbitrator, then the arbitrator can decide the issue, even if it is one...more

Global Arbitration Review Top 100

Each year, the Global Arbitration Review conducts surveys, research, and firm audits to determine the top 100 firms involved in arbitration around the world. The criteria used to develop the list are pending cases, merits...more

New American Arbitration Association Construction Industry Arbitration Rules in Effect July 1

The American Arbitration Association has issued revised Construction Industry Rules and Mediation Procedures, which are intended to provide “a more streamlined, cost-effective and tightly managed process.” ...more

Arbitrator Strikes Down Employer’s Total Ban On Smoking During Shift

Starting in January 2015, the employer – which manufactured wire and cable products – banned smoking anywhere on company property, including outside of the plant. Employees were also prohibited from leaving company property...more

Eighth Circuit Upholds Arbitration Agreement In Absence Of Actual Proof Of Unconscionability Due To Cost

The Eighth Circuit affirmed a decision by the U.S. District Court for the Eastern District of Missouri which rejected the contention that an arbitration agreement was unconscionable, and unenforceable under the Federal...more

Court varies order recognising South Korean insolvency proceedings to allow pursuance of claims in London arbitration

Re Pan Ocean Co Ltd [2015] EWHC 1500 (Ch) - The Applicants had entered into a pool agreement and time charter with Pan Ocean, both of which were governed by English law and provided for London arbitration. The agreements...more

Federal Arbitration Case Update | Compelling and Appealing

Following are two recent federal court rulings related to arbitration. Acknowledgement of Dispute Resolution Policy Sufficient to Compel Arbitration of Retaliation Claim - Ashbey v. Archstone Property Management,...more

U.S. House Appropriations Committee Approves Amendment to Delay CFPB Arbitration Rule

On June 17, the U.S. House Appropriations Committee approved an amendment that would require the CFPB to conduct a peer-reviewed cost-benefit analysis of the use of arbitration agreements prior to issuing a final rule....more

Delaware Rapid Arbitration Act

On April 2, 2015, Delaware Governor Jack Markell signed legislation enacting the Delaware Rapid Arbitration Act (“DRAA”) which became effective on May 2, 2015. 10 Del. C. § 5801, et seq. On June 17, 2015, the Delaware Supreme...more

Focus on the practical consequences of the ECJ’s Gazprom decision

Arbitral tribunal, state court – who is allowed to decide? Where a dispute concerns conflicting decisions made by courts of EU Member States one of the first things that springs to mind is “Council Regulation (EC) No...more

Hooli Needs New Lawyers on “Silicon Valley”

As is obvious from our many posts on the subject, we here at IP Legal Forum are big fans of the show “Silicon Valley.” That said, its season finale could have used more Jared Dunn (can we give him a spin-off already?), as...more

Fifth Circuit Affirms Interpretation Of Two Agreements And Denial Of Motion To Compel Arbitration

The Fifth Circuit addressed the question of whether a subcontract between the parties requires arbitration, a question that turned on the interpretation of the term “contract documents” in the subcontract. TRC Environmental...more

Circuit Split Persists Regarding Whether Arbitrator’s “Manifest Disregard” Of Law Can Vacate Arbitration Award

Three years ago, this blog catalogued where all the federal circuits stood on the issue of whether an arbitration award that “manifestly disregarded the law” could be vacated under the Federal Arbitration Act, as that is not...more

Enforcing Arbitration Agreements: The Choice of Procedural Law

The Federal Arbitration Act (FAA) applies generally to most arbitration agreements, but parties can choose to have the procedural law of the place of arbitration apply instead. On many issues, there is no material difference...more

Labor Commissioner's Uber Decision: A Reminder of Misclassification Dangers

On June 3, 2015, the California Labor Commissioner ruled that a San Francisco-based driver for the popular ride coordination service Uber Technologies, Inc. (“Uber”), was an employee rather than an independent contractor....more

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