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Arbitrators Arbitration Agreements

The ICC Expedited Procedure Provisions: A New Offering

by Reed Smith on

On 1 March 2017, the new ICC Expedited Procedure Provisions came into force with the aim of reducing cost and improving efficiency for arbitration claims under US$2 million (or a higher amount, if the parties agree). With the...more

Texas Court of Appeals Holds That the Effect of a Failure to Meet a Specific Contractual Deadline for Arbitration is a Procedural...

by Pepper Hamilton LLP on

Tilson Home Corp. v. Zepeda, No. 14-16-00075-CV, 2016 Tex. App. LEXIS 12022 (Tex. App. Nov. 8, 2016) - The Court of Appeals of Texas has held that an arbitrator—not a trial court—must determine whether a prerequisite to...more

In 2016 the Texas Supreme Court Continues to Favor Arbitration

by Strasburger & Price, LLP on

In 2016, the Texas Supreme Court issued three important opinions affecting arbitration agreements. The most significant was Hoskins v. Hoskins, 497 S.W.3d 490 (Tex. 2016). The issue in that case was whether a party seeking to...more

Fourth Circuit Refuses To Vacate FINRA Arbitration Award, Despite Party’s Claim That It Had No Opportunity To Participate In...

by Carlton Fields on

UBS Financial Services’ motion to vacate a FINRA arbitration award was denied, despite its claims that the panel was improperly chosen and that the panels damages award was flawed in that it did not impose an offset. UBS...more

“Pedal to the Metal” International Arbitration: ICC Issues Expedited Procedure Rules

In an effort to streamline arbitration proceedings where possible, the International Court of Arbitration of the International Chamber of Commerce (“ICC”) announced on November 4, 2016 that it would issue new Expedited...more

Arbitration World

by K&L Gates LLP on

From the Editors - Welcome to this 33rd edition of Arbitration World. Following the United Kingdom’s referendum decision on 23 June to leave the EU, in this edition we examine how the uncertainty over the treatment...more

ICC Announces New Expedited Rules for Smaller International Arbitrations

by BakerHostetler on

On Nov. 4, the International Court of Arbitration of the International Chamber of Commerce (ICC) announced that its Rules of Arbitration would be amended as of March 2017 to implement a new Expedited Rules procedure for...more

SDNY Resolves Impasse And Selects Umpire For Arbitration Under The FAA

by Carlton Fields on

Relying on its authority pursuant to the Federal Arbitration Act (“FAA”) and the language of the operative contract, the U.S. District Court for the Southern District of New York selected an umpire for an arbitration from a...more

Emergency Relief in Support of Arbitration: The English Courts Take a Back Seat

by Dechert LLP on

The Advent of Emergency Arbitration Provisions - In recent years, and in response to user demand, almost all of the world’s leading international arbitration institutions have changed their rules to allow parties to...more

Korea Quarterly - September 2016

by McDermott Will & Emery on

Controlling Costs in International Arbitration - Arbitration is an efficient means for resolving business disputes because it offers more flexibility than court proceedings and enables the parties to choose arbitrators...more

Russian arbitration reform

by White & Case LLP on

On 29 December 2015, the Russian President signed two laws – the Federal Law on Arbitration in the Russian Federation and Federal Law on Amendments to Certain Legislative Acts of the Russian Federation (together – the...more

Ex-Parte Communications in Violation of Arbitration Agreement Void Arbitration Award

by Locke Lord LLP on

In 1964 the Four Seasons released a song called ‘Silence is Golden.’ More than 50 years later, that may still be a good rule to follow in arbitrations. The United States Court of Appeals for the Sixth Circuit recently...more

Arbitrator to Decide Whether Arbitrator to Decide

by Faegre Baker Daniels on

Who gets to decide who gets to decide whether a claim can be arbitrated? That was the question before the California Supreme Court—not whether a claim can be arbitrated, but who gets to decide that question? Is it an...more

Arbitration Provisions – Class Action Claims

by Low, Ball & Lynch on

Sandquist v. Lebo Automotive, Inc. - Supreme Court of California (July 28, 2016) - Does the court or the arbitrator decide whether the parties to an arbitration agreement intended class arbitration where the...more

Fifth Circuit Enforces Delegation Clause, Directs Arbitrator to Determine Whether FLSA Case Should Be Arbitrated

In a recent ruling, the Fifth Circuit Court of Appeals reversed a district court’s refusal to enforce an arbitration agreement’s “delegation clause” requiring the determination of arbitrability to be decided by an arbitrator....more

International Arbitration Newsletter - July 2016

by Latham & Watkins LLP on

Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

New Singapore International Arbitration Centre (“SIAC”) Arbitration Rules 2016

by Reed Smith on

SIAC is now one of the most prolific and important international arbitration centres. To mark 25 years since its establishment, SIAC has announced the release of the sixth edition of its arbitration rules, the SIAC Rules...more

Arbitration Agreements: Make Your Own Rules of Civil Procedure

by Butler Snow LLP on

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

Fourth Circuit: Courts, Not Arbitrators, Decide the Availability of Class Arbitration

A decision allowing class-wide arbitration can transform a routine dispute into a “bet the company” problem. Who makes that decision: an arbitrator or a court? The Fourth Circuit Court of Appeals answered that question...more

Labor and Employment News: Deflategate: Limited Ability to Appeal Arbitration Awards

by Murtha Cullina on

Nearly all collective bargaining agreements have an arbitration clause for deciding any disputes under the agreement. Beyond the labor arena, employers have increasingly mandated arbitration as the designated forum for...more

Express Yourself! Ongoing Split Over Class Arbitration Points to Importance of Clear Provisions

Despite the numerous Supreme Court decisions limiting class arbitrations, one central issue remains undecided: who decides whether an arbitration agreement permits class arbitration, the courts or the arbitrators? Entities...more

Class Actions and the Continued Significance of Arbitration Agreements

The recently released Carlton Fields 2016 Class Action Survey reports that class actions are up for the first time in four years. While data privacy class actions still make up a relatively small portion of class action...more

Recent amendments to the Lloyd’s Standard Salvage and Arbitration (LSSA) Clauses

by Reed Smith on

The Lloyd’s Standard Salvage and Arbitration (“LSSA”) Clauses have recently been recently amended to account for problems arising from previous salvage arbitrations and to further reduce the costs of arbitration....more

Third Circuit Rules Court Should Decide Class Arbitrability

by Blank Rome LLP on

Action Item: In a precedential opinion, the U.S. Court of Appeals for the Third Circuit outlined what is required for parties to allow arbitrators—rather than courts—to decide whether a matter could be arbitrated as a class....more

Are English arbitration awards ‘final, conclusive and binding’? – revisiting the right to challenge arbitration awards in English...

by Reed Smith on

Recent debate on the right to appeal - Under limited circumstances, a party to an English arbitration award who is dissatisfied with the result can challenge that award in the courts. There are concerns that the current...more

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