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Choice-of-Law Arbitration Agreements Arbitration

Carlton Fields

Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract, Compels Arbitration Under...

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Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal...more

BCLP

The Arbitration Act 2024: an Aggregation of Marginal Gains

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The Law Commission of England and Wales has concluded its review of the Arbitration Act 1996. In our International Arbitration Survey 2022, we canvased views on the potential areas for reform of the Act....more

NAM (National Arbitration and Mediation)

[Webinar] Resolving Technology Disputes Through Alternative Dispute Resolution - July 19th, 1:00 pm - 2:00 pm EST

As part of this program, our presenter will share best practices for resolving technology disputes through arbitration and mediation and will also review provisions that should be included in an arbitration clause or an...more

Orrick, Herrington & Sutcliffe LLP

Singapore's New Approach to Determining Arbitrability

While it might seem to a commercial negotiator to be a point of pedantic detail in drafting an arbitration clause, the recent decision of Anupam Mittal v. Westbridge Ventures emphasises the importance for commercial parties...more

Akin Gump Strauss Hauer & Feld LLP

Fourth (and Final?) Act in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

On 28 September 2022, the French Cour de cassation upheld the French Court of Appeal’s decision in Kabab-Ji SAL v. Kout Food Group that the law of the seat, rather than the law governing the underlying contract, governed...more

Butler Weihmuller Katz Craig LLP

Bad Faith Claim Brought Under Florida Law Foreclosed by the Insurance Policy’s Choice of Law Provision

When contained in an insurance policy, a choice of law provision generally provides that the law of a certain state will apply to the policy and the determination of rights and responsibilities under the policy. Sometimes, a...more

WilmerHale

Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait) [2021] UKSC 48: UK Supreme Court clarifies approach to determining whether there...

WilmerHale on

In an important recent decision, the U.K. Supreme Court provided further guidance on how to determine the law that applies to an international arbitration agreement. In its unanimous decision in Kabab-Ji SAL v Kout Food...more

Felicello Law PC

Avoiding a Punitive Damages Award in Private Arbitration

Felicello Law PC on

New York law is a great boon when it comes to private arbitration. The law is well-developed (and in fact served as the basis for the Federal Arbitration Act); New York is home to a plethora of experienced professional...more

Akin Gump Strauss Hauer & Feld LLP

The ‘Third Act’ in the Kabab-Ji Saga—What Law Governs the Arbitration Agreement (Law of the Seat or Law of the Underlying...

In a Judgement handed down on 27 October 20211, the UK Supreme Court upheld the English Court of Appeal finding in Kabab-Ji SAL v. Kout Food Group of 20 January 2020 that English law as the law governing the relevant...more

Proskauer - Minding Your Business

Ninth Circuit Splits From the Second, Third and Fourth Circuits in “Brain Twister” Arbitration Case

Arbitration provisions are common features of commercial agreements.  Arbitration is often touted as a cost-effective alternative to litigation that provides contract parties the freedom to decide everything from what law the...more

CDF Labor Law LLP

Employee Prevented from Pursuing Class Claims For Unpaid Wages

CDF Labor Law LLP on

Last week a California Employer secured a victory when the California Court of Appeal held that the employer’s general California choice-of-law provision in its employment agreement did not entitle the employee to pursue...more

Dorsey & Whitney LLP

PRC Companies in International Arbitration (Series 1): Introduction and Background

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With the rapid development of China’s national economy, more and more PRC companies will enter occasional disputes with foreign partners in international business dealings. Depending on their bargaining positions during the...more

A&O Shearman

Governing law of an arbitration agreement: Supreme Court Enka v Chubb

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In Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38, the Supreme Court unanimously held that, if the parties have chosen a governing law for a contract containing an arbitration clause, this would...more

K&L Gates LLP

UK Supreme Court Issues Guidance on the Governing Law of an Arbitration Agreement: Enka v Chubb

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INTRODUCTION - On 9 October 2020, the UK Supreme Court decision in Enka Insaat ve Sanayi A.S. v OOO Insurance Company Chubb [2020] UKSC 38 provided welcome clarity as to the English law principles and approach involved in...more

Akin Gump Strauss Hauer & Feld LLP

Enka v Chubb: The Nuanced Presumptions "Test" on the Law of Arbitration Agreements

The United Kingdom Supreme Court in Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb has now resolved the question: which system of national law governs the validity and scope of an arbitration agreement when the law...more

Goodwin

Fire At Russian Power Plant Sparks UK Supreme Court Decision On Arbitration Agreement Law

Goodwin on

The UK Supreme Court has recently set out the principles to determine the proper law of an arbitration agreement. While it remains the case that parties are free to choose the systems of law that will govern their contract,...more

Morgan Lewis

UK Supreme Court Establishes Test to Determine Governing Law of Arbitration Agreements

Morgan Lewis on

The Court’s 9 October decision in Enka Insaat Ve Sanayi AS v. OOO “Insurance Company Chubb” (Chubb) not only ends the uncertainly that parties faced in this important question, but is also a call to action to adapt...more

Hogan Lovells

Enka v Chubb: Supreme Court decision promotes certainty and enforceability

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The court’s judgment also reaffirms that, where English law is the law of the seat, the English courts generally have jurisdiction to grant anti-suit injunctions to restrain breaches of the arbitration agreement, even where...more

Carlton Fields

“This Is Florida’s Problem. Not Texas’s.” Fifth Circuit’s Decision on Personal Jurisdiction Includes Two Cautionary Reminders

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On October 2, 2020, the U.S. Court of Appeals for the Fifth Circuit confronted the question whether a federal district court in Texas had jurisdiction to vacate an arbitration award in Florida. The district court answered...more

WilmerHale

Enka v Chubb: U.K. Supreme Court Rules on Law Governing Arbitration Agreements

WilmerHale on

On 9 October 2020, the U.K. Supreme Court in Enka Insaat Ve Sanayi AS v. OOO Insurance Company Chubb [2020] UKSC 38 ruled on the English law approach to determining the law governing an arbitration agreement. The Supreme...more

White & Case LLP

U.K. Supreme Court provides welcome clarity on how to determine the governing law of an arbitration agreement

White & Case LLP on

In its recent decision in Enka v Chubb [2020] UKSC 38, the U.K. Supreme Court has provided a high degree of clarity on the test to be applied to determine the governing law of an arbitration agreement. The Court also took...more

Akin Gump Strauss Hauer & Feld LLP

The Law of an Arbitration Agreement: Is it the Law of the Seat or the Law of the Underlying Contract? – Paris Contradicts London

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. In...more

Akin Gump Strauss Hauer & Feld LLP

The Law of an Arbitration Agreement: Is it the law of the seat or the law of the underlying contract?

If there is no express law of the arbitration agreement, the law with which that agreement has its closest and most real connection is either the law of the underlying contract or the law of the seat of the arbitration. The...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Carlton Fields on

The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Carlton Fields

Connecticut Supreme Court to Consider Whether Parties Can Use FAA to Extend Time to Vacate Arbitration Award

Carlton Fields on

The Connecticut Supreme Court will consider whether the parties to an arbitration agreement can circumvent Connecticut’s 30-day statutory deadline for filing an application to vacate an arbitration award by including in the...more

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