News & Analysis as of

NLRB Tightens Arbitration Deferral Standards

The National Labor Relations Board (“Board” or “NLRB”) has long limited its involvement in disputes between employers and unions concerning labor agreements that provide for binding arbitration where the disputes involve...more

Arbitration’s Diamond in the Rough: Lessons from the Dichele Superior Court Ruling

In construction law, contracts are at the heart of our business; contracts between: owners and architects; owners and general contractors; contractors and subcontractors; and subcontractors and sub-subcontractors....more

High Court rules on inconsistency in charterparty arbitration clauses and applicable curial law

Reed Smith (Lianjun Li and Min Li of the Hong Kong office, Nick Shaw and Halani Lloyd of the London office) recently represented the successful Charterers in Shagang South-Asia (Hong Kong) Trading Co. Ltd v Daewoo Logistics...more

Florida High Court Declares That Contract Legality Is Not Reviewable On A Motion to Vacate An Arbitral Award

On November 6, 2014, the Florida Supreme Court resolved a conflict among the Fourth and Fifth District Courts of Appeal by holding that a court is not required to determine whether a contract is legal before enforcing an...more

California’s “Third Party Litigation Exception” Not Preempted By The FAA

A California appellate court recently examined that state’s legislative response to the situation where a party moves to compel arbitration and some of the parties to the dispute are not parties to the arbitration agreement....more

Fourth Circuit Affirms Order Dismissing Case To Permit Arbitration Against Non-Signatory To Arbitration Agreement

An arbitration agreement was contained in a retail installment contract. The Fourth Circuit affirmed the lower court’s dismissal of the case pending arbitration against a non-signatory to the arbitration agreement on two...more

California Case Requires Arbitration Despite Lack of Actual Controversy

For parties to litigate a contract dispute in a court of law, the parties’ disagreement must have ripened into an actual controversy presenting more than a mere academic difference of opinion. But under a recent California...more

About that English Law and Arbitration Clause: Consider enforcement implications before signing

As is frequently seen in international commercial contracts, parties with no operations or other relationship to England or the United Kingdom specify English law as controlling, with a clause providing for arbitration of...more

Denial Of Arbitration Reversed Where Trial Court Failed To Hold Trial To Resolve Disputed Questions Of Fact

The Eighth Circuit reversed a trial court’s decision to deny arbitration, based on the fact that the lower court failed to hold a trial (as required by the FAA) when disputed questions of fact surrounding the parties’...more

Venture Capital Firm Liable For "Aiding And Abetting" Breach Of Fiduciary Duty

A recent case in the California Court of Appeals underscores the dangers that await venture capital firms brave (or foolish) enough to fund companies in the midst of internal disputes. In American Master Lease LLC v Idanta...more

English Contract Law: Has the Camel’s Nose of “Good Faith” Crept Under the Tent Flap?

Under the English Arbitration Act 1996 the grounds on which an English arbitration award can be challenged in court are very limited. Section 67 of the Act provides that a challenge may be brought on the basis that the...more

Mediating Alternative Energy Disputes

Energy disputes are usually complex and very expensive to litigate, so those in the traditional oil and gas industries have used arbitration and mediation successfully for years. Most contracts in the energy sector have ADR...more

2014 Resolutions Series: Don’t Just Throw in the Towel

A business relationship is just that: a relationship. It has phases like any other relationship, and takes effort and mutual interest from both parties to keep it functional. While ideally every business relationship will...more

The Hidden Power of Routine Contract Provisions

Sometimes contractual provisions considered to be routine or boilerplate can have practical consequences down the road. A recent case from the U.S. District Court for the Eastern District of Virginia reminds us that choice...more

Problematic Sports Industry Contract Provision No. 1 - The (Un)enforceability of Arbitration Provisions

The first problematic contract provision often found in sports industry contracts are arbitration provisions. Many sports industry owners beleive that arbitration is a helpful way to resolve contractual disputes...more

State of Washington v. James River Insurance Company – What Impact on Bermuda Insurers?

The short answer is – none. State of Washington, Dept. of Transportation v. James River Insurance Company, – P.3d –, 2013 WL 258877 (Wash. January 24, 2013), a January 2013 decision of the Washington State Supreme...more

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