News & Analysis as of

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 -

Separate Requests essential in multi-contract LCIA arbitrations

by White & Case LLP on

A recent English High Court decision is a cautionary tale for claimants under the 2014 LCIA Rules. The Court held that a Request for Arbitration is invalid if it relates to more than one arbitration agreement. Claimants must...more

Pumping the Procedural Brakes: Arbitration Clause Stays Potential Uber Class Action

by Bennett Jones LLP on

Will an arbitration provision in a services agreement between Uber and its drivers prevent the drivers from bringing a class action for being misclassified as contractors? The Ontario Superior Court recently addressed this...more

Kuala Lumpur Regional Centre for Arbitration Rebrands as Asian International Arbitration Centre

by Jones Day on

The Kuala Lumpur Regional Centre for Arbitration ("KLRCA") has officially changed its name to the Asian International Arbitration Centre ("AIAC"). The name change was formally announced on February 7, 2018, during a signing...more

Federal Courts Do Not Appreciate Defendants Obtaining Arbitration Agreement From Active Plaintiff

In today’s post, we pick up where the 4th Circuit left off a few weeks ago — with federal circuit courts finding ways to avoid enforcing arbitration agreements that are obtained years after litigation has commenced....more

Brexit Considerations for Business Contracts

by Dechert LLP on

With just over a year to Brexit, slated for 11.00 p.m. on 29 March 2019, it is time to ensure that your house is in order contractually. By ensuring that your business contracts are in the best possible shape and...more

Insurance Receiver’s Preemption Argument Under Mccarran-Ferguson Fails To Avoid Arbitration Of Reinsurance Dispute

by Carlton Fields on

The receiver for Gramercy Insurance Company sought to avoid arbitration of a reinsurance dispute with Contractor’s Bonding, Ltd., by arguing the FAA was reverse preempted under the McCarran-Ferguson Act....more

A New Era of International Arbitration in Malaysia? The Kuala Lumpur Regional Centre for Arbitration to Become the Asian...

by Morrison & Foerster LLP on

On February 7, 2018, a signing ceremony took place between Malaysian Minister Azalina Othman Said and the Secretary-General of the Asian-African Legal Consultative Organization (AALCO) Kennedy Gastorn for an agreement to...more

I Can Appeal My Arbitration Award, Right? (Redux)

by Fox Rothschild LLP on

In 2015, I wrote a post on this blog with the same title because seemingly, this issue has been resolved for some time. All too often, parties would agree to mediate their disputes but would try to reserve a right to appeal,...more

Blog: Mandatory shareholder arbitration provisions for IPOs? SEC Chair says “not on my list”

by Cooley LLP on

Depending on your point of view, you may have experienced either heart palpitations or increased serotonin levels when you heard, back in July 2017, that SEC Commissioner Michael Piwowar had, in a speech before the Heritage...more

Claim Of Fraudulent Inducement Of A Construction Contract Does Not Invalidate Arbitration Clause In That Same Contract

by Pepper Hamilton LLP on

Koudela v. Johnson & Johnson Custom Builders, LLC, 2017 Ohio App. Lexis 5800 (December 29, 2017) - In this case, Nicolas and Monica Koudela (the “Koudelas”) entered into a construction contract with “Johnson & Johnson...more

Delaware Law Updates – HBMA Holdings LLC v. LSF9 Stardust Holdings

by McCarter & English, LLP on

Application of a survival clause as a contractual statute of limitations to indemnification claims on an earn-out agreement. In HBMA Holdings LLC v. LSF9 Stardust Holdings LLC, C.A. 12806-VCMR (Del. Ch. Dec. 8, 2017), the...more

Ninth Circuit Affirms Montana District Court’s Order Confirming Arbitration Award

by Carlton Fields on

This case involves an appeal to the Ninth Circuit Court of Appeals by Appellants Schilling Livestock, Inc., Kenneth Schilling and Lesley Schilling (collectively, the “Schillings”), of a Montana federal district court’s order...more

“Demurrage Claims” for the Purposes of Documentary Time Bars

by Reed Smith on

On 2 February 2018 the Commercial Court allowed an appeal from a decision of the Arbitration Tribunal in Lukoil Asia Pacific Pte Ltd v Ocean Tankers Pte Ltd. The Judgment serves as a reminder to Owners to ensure that, if...more

The Gulf Crisis—Could it Bring State-to-State Arbitration to the Region?

by Bennett Jones LLP on

In June 2017, Saudi Arabia, the United Arab Emirates (UAE), Bahrain and Egypt cut diplomatic, trade and travel ties with Qatar and imposed a blockade on the Gulf state, accusing it of supporting terrorism and developing a...more

California Court Of Appeal Remands Matter For Superior Court To Decide Issue Of Arbitrability And Whether Delegation Clause Was...

by Carlton Fields on

Plaintiff argued both the delegation clause and the arbitration provision of the agreement at issue were unconscionable, requiring the trial court to resolve the merits of the challenge, which it did not. ...more

Challenging Jurisdiction Under the LCIA Rules – The English Commercial Court Clarifies When Rights May Be Lost

by Reed Smith on

The English Commercial Court has recently clarified the interpretation of time limits under the LCIA Rules 2014 for a party to bring an objection to the substantive jurisdiction of an arbitral tribunal. Where a party has...more

Sorry, Arbitration Agreements Are Not For The Courts' Benefit

The Supreme Court of Nebraska gave an unpleasant surprise to its trial court judges last week: they cannot enforce arbitration agreements sua sponte. Boyd v. Cook, 298 Neb. 819 (Feb. 2, 2018)....more

Parties Must Arbitrate Arbitrability

by McDermott Will & Emery on

Addressing whether the court or the arbitrator should determine the scope of arbitrability, the US Court of Appeals for the Fourth Circuit affirmed the dismissal of a complaint for trademark infringement, finding that when...more

Corporate and Financial Weekly Digest, Featuring Topics on Broker/Dealer, Antitrust, and UK/Brexit/EU Developments

BROKER-DEALER - FINRA Proposes Rule Change To Provide Additional Hearing Options for Parties in Certain Arbitrations - On January 30, the Financial Industry Regulatory Authority filed a proposed rule change with the...more

Ninth Circuit Finds Arbitration Clause Showed Clear And Unmistakable Intent To Resolve Arbitrability Questions By Arbitration

by Carlton Fields on

Finding Montana law was inapplicable to the subject insurance policy under both federal maritime choice-of-law principles and the policy language, the Ninth Circuit Court of Appeals determined that an arbitration clause was...more

The National Labor Relations Board 2017 Year In Review – An Overview of Major Developments in Labor Law

For employers, 2017 brought some long awaited relief and hope that return to normalcy in labor law is on the way. Admittedly, the wait for employers turned out to be a little longer than expected. The National Labor Relations...more

Chris Lazarini Discusses Fraudulent Transfers During Broker Bankruptcy Filing

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini discussed a case involving an arbitration award and bankruptcy filing. The court ruled that where a bankruptcy action has been closed, the bankruptcy trustee's exclusive authority to...more

A First in the Second (Circuit): On Remand, District Court Breaks New Ground by Vacating Arbitrator’s Class Certification Award

by K&L Gates LLP on

In what appears to be a first-of-its-kind ruling, the District Court for the Southern District of New York recently concluded that a federal district court has the authority to vacate an arbitrator’s class certification award...more

Split Third Circuit Holds Transfer By Non-Debtor Cannot Be Fraudulent Transfer

Refusing to rely on “equitable principles” when interpreting the Delaware Uniform Fraudulent Transfer Act (DUFTA), the Third Circuit (2-1 decision) in Crystallex Int’l Corp. v. Petroleos De Venezuela, S.A, et als. held that a...more

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

3,481 Results
|
View per page
Page: of 140
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.