News & Analysis as of


Update – What is the Requisite Experience for an Arbitrator?

by Reed Smith on

On 13 March 2018, the Court of Appeal reversed the Commercial Court decision in Tonicstar Limited v (1) Allianz Insurance PLC; (2) Sirius International Insurance Corporation. Legatt LJ gave the leading judgment in which it...more

Dissecting Common Basic Arbitration Clauses — You Can Build a Better One

Arbitration is often promoted as faster, cheaper, more predictable, and more controllable than litigation. But to many, arbitration’s promise comes up short on delivery. Why? A prime reason is that many parties do not make...more

Civil Liability of Arbitrators in the UAE – An Update

by White & Case LLP on

The Dubai Court of Cassation in its recent decision in Case 484/2017 has set a new threshold for establishing the liability of arbitrators in civil matters, thereby providing some much needed clarity on this important issue....more

Japan Legal Update - Volume 33 | February 2018

by Jones Day on

Disputes - Supreme Court of Japan Overturns the Osaka High Court's Decision Setting Aside an Arbitral Award - On December 12, 2017, the Supreme Court of Japan (Third Petty Bench) overturned the Osaka High Court's...more

California Federal Court Confirms Arbitration Award Benefitting Third-Party

by Carlton Fields on

The U.S. District Court for the Northern District of California denied a petitioner’s motion to vacate an arbitration award on the grounds of the award being “irrational and illogical,” erroneous, and that the arbitrator...more

Is “Class Arbitration” an Oxymoron — Another Shoe Drops in the Second Circuit

In a series of articles over the past several months, we asked whether “class arbitration” — meaning the utilization of the Fed.R.Civ.P. 23 class action protocol in an arbitration proceeding — is ultimately viable in U.S....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

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

Supreme Court of Japan Rules on Arbitrators’ Duty to Disclose Potential Conflicts

Decision adds new burden on arbitrators and creates ill-defined standard for compliance. Arbitrators conducting proceedings in Japan face new requirement of making “reasonable inquiries” throughout proceedings to identify...more

Ninth Circuit Confirms Limitation on Arbitrators’ Power to Compel Production of Documents from Third Parties Outside a Hearing

by King & Spalding on

Introduction - On December 21, 2017, the U.S. Court of Appeals for the Ninth Circuit decided Vividus, LLC v. Express Scripts, Inc., affirming a decision by the U.S. District Court for the District of Arizona, and agreeing...more

Seventh Circuit Says: Clear Error Standard Applies To Court Review Of Withdrawal Liability Arbitrator’s CBA Interpretation

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The Seventh Circuit has now applied a clear error standard of review to a withdrawal liability arbitrator’s interpretation of a collective bargaining agreement, thus enhancing the role of the arbitrator in...more

Chris Lazarini Examines Claims Seeking Vacatur on Grounds of Arbitrator Misconduct

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini examined a case in which the plaintiff sought to vacate an adverse arbitration award claiming the arbitration panel misbehaved and prejudiced his rights under the Federal Arbitration...more

Injunction Carve-Outs in Arbitration: Emergency Only, or All Equity Claims?

by Pepper Hamilton LLP on

Arbitration may end sooner and more efficiently than litigation, but it is slower to begin. A courthouse is just sitting there waiting for a complaint to be filed. Originally published in Alternatives to the High Cost of...more

Arbitration Provision in Employment Agreement Mandate, Well, Arbitration

by Shipman & Goodwin LLP on

Suppose there’s an old employment agreement between the employer and employee. Then the employer fires the employee. But there’s been a few intervening events and it’s not exactly clear that the employment agreement still...more

Eleventh Circuit Finds No Manifest Disregard Of The Law And Upholds Order Confirming Arbitration Award In Licensing Dispute

by Carlton Fields on

The case involved a dispute between the owner of the Cabbage Patch Kids brand and related intellectual property (“CPK”), and licensee JAKKS Pacific, Inc., which had an exclusive license to use the brand and intellectual...more

Closed List Arbitrator Appointments: A Case Study

by WilmerHale on

The Selection of international arbitrators is one of the most important aspects of the arbitral process. Established methods span from the selection of arbitrators by agreement between the parties to the selection by...more

Appointment of Arbitrator

by Reed Smith on

Hot on the heels of the Sino v Dana decision (reported in our blog on 16 November), the Commercial Court considered the question of notice of appointment of an arbitrator once again in Glencore Agriculture BV (formerly...more

Arbitration World

by K&L Gates LLP on

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Does Arbitration Make Sense For Franchisors? A Litigator’s Perspective

by Mulcahy LLP on

Let’s face it; arbitration is not always the quicker, cheaper forum for parties to resolve their differences. Although arbitration does have the potential to be more economical and efficient than court, in practice, these...more

Document Discovery From Non-Parties in Commercial Arbitration: Availability and Practical Considerations

Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more

Second Circuit Vacates District Court’s Confirmation Of Class Certification Award

by Carlton Fields on

The question presented was whether the arbitrator had the authority to certify a class that included absent class members, i.e., employees other than the named plaintiffs and those who have opted into the class. Finding the...more

Court Favors Candidate’s Experience In Selecting Umpire For Insurance Arbitration

by Carlton Fields on

The court was petitioned to appoint an umpire when the arbitrators appointed by the litigants – an insurer and certain insureds – failed to do so. The insureds opposed the petition, arguing that the party arbitrators should...more

Arbitrator’s Power to Order Sale of Cargo – When is Cargo the Subject of Arbitral Proceedings?

by Reed Smith on

Earlier this month the Commercial Court handed down an interesting judgment which considered the question of when a cargo is the “subject of the [arbitral] proceedings”, so as to give rise to a power to order the sale of the...more

'Perception of Bias, Impartiality & Justifiable Doubts': The Case of Arthur Aldcroft

by Reed Smith on

Whether arbitrations are administered or ad hoc, parties within certain industry sectors will often require disputes to be resolved by arbitrators from panels of professional associations, such as GAFTA, FOSFA, LMAA or the...more

Employment Law - August 2017

Deferred Vacation Policy Lawful, California Appellate Court Rules - Why it matters - A vacation policy that employees do not begin to earn vacation time until after their first year of employment is lawful, the...more

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