Peter Sherwin

Peter Sherwin

Proskauer Rose LLP

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First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration

In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration...more

5/4/2016  /  Arbitration Agreements , Breach of Duty , Consultants , Fiduciary Duty , Forum Selection , International Arbitration , International Litigation , Loan Agreements , Motion to Compel

Proposed Legislation Would Set Back Corporations’ Use of Arbitration Clauses

The Restoring Statutory Rights Act of 2016, sponsored by Democratic Senator Patrick Leahy, was sent to congressional committee on February 4, 2016 for consideration. The bill would place restrictions on companies’ use...more

4/12/2016  /  American Express v Italian Colors Restaurant , Arbitration Agreements , AT&T Mobility v Concepcion , Class Action , Consumer Contracts , Corporate Counsel , Federal Arbitration Act , Mandatory Arbitration Clauses , Proposed Legislation , SCOTUS
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