News & Analysis as of

Subsidiaries Arbitration

WilmerHale

Cox and Kings v. SAP India Pvt. Ltd. & Anr.: The Indian Supreme Court Revisits and Retains the Group of Companies Doctrine

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In December 2023, a five-judge bench of the Indian Supreme Court issued its much-awaited decision on the “group of companies” doctrine in Cox and Kings v. SAP India Pvt. Ltd. & Anr. (“Cox and Kings”), confirming that the...more

BCLP

Split dispute resolution clauses: a recent example

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In a recent judgment (Construction Company v Guarantor [2021] HKCFI 2558, judgment date: 17 August 2021), a Hong Kong court upheld a U.S. arbitral award made pursuant to a split dispute resolution clause. In dismissing the...more

Carlton Fields

Eighth Circuit Holds Claims Against Parent Company Were Precluded by Prior Arbitration Award and Confirmation Denying the Same...

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Cellphone network developer Daredevil Inc. brought an action in a Missouri federal district court against Chinese technology firm ZTE Corp., which manufactured and sold telecommunications infrastructure and cellular network...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

WilmerHale

The Group of Companies Doctrine - Assessing the Indian Approach

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Consent is a foundational requirement of any arbitration. This consent is embodied in the arbitration agreement. Typically, therefore, it is only the signatories to an arbitration agreement that are bound by the agreement to...more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

Skadden, Arps, Slate, Meagher & Flom LLP

Court of Chancery Dismisses Consent and Unconscionability Claims Challenging Contract Between Parent and Wholly Owned Subsidiary

On March 30, 2020, in The Chemours Company v. DowDuPont Inc., et al., C.A. No. 2019-0351-SG (Del. Ch. Mar. 30, 2020), the Delaware Court of Chancery issued an important decision reaffirming bedrock principles of Delaware...more

Morris James LLP

Chemours v. DowDuPont: Chancery Requires Subsidiary to Arbitrate Separation Agreement Dispute with Parent Despite the Subsidiary’s...

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The Chemours Co. v. DowDuPont Inc., et al., C.A. No. 2019-0351-SG (Del. Ch. Mar. 30, 2020). The subsidiary-plaintiff, created after the reorganization of the parent-defendant, brought an action against its parent and...more

Polsinelli

Arbitration Award in Favor of Subsidiary Precludes Subsequent Litigation Against Parent

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The Federal Arbitration Act (FAA) endorses and encourages arbitration as a speedier and less costly dispute resolution alternative to litigation. In recent years, however, companies have become increasingly concerned that...more

ArentFox Schiff

ICC award against a PDVSA subsidiary annulled for non-conformity with public policy of the seat of arbitration

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To protect enforceability, an arbitral award must conform to the fundamental principles of public policy in the seat of arbitration. The arbitral tribunal’s “clear and convincing evidence” standard of proving corruption...more

Burns & Levinson LLP

Don’t Assume That Closely Related Agreements Will Be Interpreted As One Contract

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In some transactions, such as those involving the acquisition of a business, the deal may be documented through a primary contract and subsidiary agreements that are referenced in, or even attached as Exhibits to, the...more

Haight Brown & Bonesteel LLP

An Arbitration Vortex: Non-Signatory Corporate Parents and Subsidiaries May Be Compelled to Arbitration

In Cohen v. TNP 2008 Participating Notes Program, et al. (B266702, 2019 Cal.App. LEXIS 76, publication order 1/31/19), the California Court of Appeal, Second Appellate District held that a non-signatory parent company of a...more

Allen Matkins

Court Holds Subsidiary's Agreement To Arbitrate Binds Parent

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As a general matter, a parent company will not be liable on a contract signed by its subsidiary simply because it is a wholly-owned subsidiary. Sometimes, however, it is possible to establish some other basis for binding a...more

Jones Day

Third Circuit Rules That Transfer by Nondebtor Is Not Avoidable as Fraudulent Transfer Under Delaware UFTA

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In Crystallex International Corp. v. Petróleos de Venezuela, S.A., 879 F.3d 79 (3d Cir. 2018), a divided U.S. Court of Appeals for the Third Circuit ruled that transfers by nondebtor subsidiary corporations to their ultimate...more

King & Spalding

Energy Newsletter - March 2018

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Good news at last for the development of offshore wind projects in France - While France had launched in 2011 a very ambitious offshore wind farm development program, aiming to reach 6 GMW of wind turbine installations at...more

Goodwin

Business Litigation Reporter - May 2015

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Lawsuit Dismissed Where Defendant Hulu Did Not “Knowingly” Disclose Personal Identifying Information. In In re: Hulu Privacy Litigation, 2015 WL 1503506 (N.D. Cal. March 31, 2015), the plaintiffs alleged that Hulu had...more

Fenwick & West LLP

Fenwick Employment Brief - October 2014

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New Laws Affecting California Employers - The 2014 legislative session is in the books, and it produced several new laws affecting employers in California, including: Private arbitration companies must provide...more

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