News & Analysis as of

Jurisdiction Public Policy

BCLP

HK Court of Appeal Set Aside Arbitral Award for the Absence of Underlying Disputes: No Dispute, No Jurisdiction

BCLP on

In CMBICDHAW Investments Limited v CDH Fund V Limited Partnership & others [2024] HKCA 516 (judgment date: 10 July 2024), the Hong Kong Court of Appeal (CA) addressed an appeal regarding the Court of First Instance’s (CFI)...more

Walkers

Enforcement of foreign arbitral awards by the Grand Court of the Cayman Islands

Walkers on

The circumstances in which an unsuccessful party in arbitration may resist enforcement of an award in the Cayman Islands are limited in number and narrow in scope. The judiciary are alive to the risk that parties may run...more

Ankura

Natural Gas Restrictions in the U.S.: Examining the State of Play, Policy Objectives, Legal Developments, and Antitrust...

Ankura on

In recent years, local governments have imposed restrictions or outright bans on the use of natural gas in residential and some commercial buildings, mostly affecting new construction and grandfathering existing buildings....more

Bennett Jones LLP

Ontario Superior Court Refuses to Enforce Crypto Giant’s "All-but-inaccessible" Arbitration Clause

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In Lochan v Binance Holdings Limited, 2023 ONSC 6714 (Binance), the Ontario Superior Court dismissed a motion brought by Binance Holdings Limited (Binance), the world’s largest crypto trading platform, to stay a proposed...more

Holland & Knight LLP

U.S. Supreme Court Rules on Choice-of-Law Provisions in Marine Insurance Contracts

Holland & Knight LLP on

In a 9-0 decision, the U.S. Supreme Court held on February 21, 2024, that choice-of-law clauses in marine insurance contracts are presumptively enforceable under federal maritime law. These clauses should be enforced unless...more

White & Case LLP

High Court of South Africa decisively dismisses public policy challenge to the recognition of a foreign arbitral award

White & Case LLP on

On 24 August 2023, the Gauteng Division of the High Court dismissed an application for leave to appeal a court order recognising and enforcing a foreign arbitral award under South Africa's International Arbitration Act 15 of...more

K&L Gates LLP

Consumer Rights and Public Policy Prevent Recognition of Crypto US Arbitration Award in England

K&L Gates LLP on

If an online business thinks it is insulated from court proceedings by an arbitration clause in standard terms, the English Commercial Court decision in Payward Inc. v Chechetkin will give pause for thought, particularly...more

Latham & Watkins LLP

Release Me From My Bands Or Else My Project Fails Third Party Releases in Schemes

Latham & Watkins LLP on

Third-Party Releases are common in English law schemes of arrangement and restructuring plans, and US courts have so far indulged that approach in granting recognition. If Prospero’s plea to the audience at the...more

Hogan Lovells

Lee v. Fisher: Circuit split on enforceability of forum-selection clauses - Corporate / M&A Decisions update series

Hogan Lovells on

In Lee v. Fisher, 34 F.4th 777 (9th Cir. 2022), the Ninth Circuit affirmed the dismissal of a shareholder derivative suit against The Gap Inc. (Gap), alleging violations of Section 14(a) of the Securities Exchange Act of...more

Pillsbury Winthrop Shaw Pittman LLP

Fifth Circuit Reaffirms Bankruptcy Court Jurisdiction Over Rejection of FERC-Regulated Offtake Agreement

Public policy concerns associated with contracts impacted by energy industry bankruptcies filed in the Fifth Circuit will be resolved in bankruptcy court mini-trials instead of FERC proceedings. Parties entering energy...more

WilmerHale

La sede y el ordenamiento aplicable en el arbitraje internacional: enfoques cruzados

WilmerHale on

El carácter global de la Convención sobre el Reconocimiento y la Ejecución de las Sentencias Arbitrales Extranjeras (Convención de Nueva York) es una de las prerrogativas típicamente destacadas dentro de las ventajas del...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

The Conflict Between Choice-of-Law Provisions in Insurance Policies and a State’s Fundamental Public Policy

Carlton Fields on

Many contracts include a choice-of-law provision in which the parties agree to use a particular jurisdiction’s set of laws to govern the contract. These provisions promote predictability. No matter where a dispute may arise...more

Patterson Belknap Webb & Tyler LLP

A Bankruptcy Code Chapter 15 Primer: Decision in New York Addresses Key Issues of Jurisdiction, Recognition, Public Policy, and...

Judge Martin Glenn last week issued a decision in two related chapter 15 cases, In re Foreign Econ. Indus. Bank Ltd. “Vneshprombank” Ltd., No. 16-13534, and In re Larisa Markus, No. 19-10096, 2019 Bankr. LEXIS 3203 (Bankr....more

McDermott Will & Emery

Global Employment Contracts: The Modern Tower of Babel

McDermott Will & Emery on

Although multi-jurisdictional compliance is a challenge in relation to every aspect of employment law, the structure of employment contracts and the enforcement of global policies require particularly careful consideration. ...more

Best Best & Krieger LLP

[WEBINAR] Planning in the Coastal Zone

This webinar discusses the responsibilities and authorities of local governments under the California Coastal Act, including the preparation of a Local Coastal Program and amendments and the issuance of coastal development...more

Holland & Knight LLP

Massachusetts Enacts Law on Noncompete Agreements

Holland & Knight LLP on

• Massachusetts Gov. Charlie Baker recently signed into law the Massachusetts Noncompetition Agreement Act (Act), governing noncompetition agreements signed on or after Oct. 1, 2018, by employees and independent contractors...more

Jones Day

Don’t Try to Enforce Forum Selection Clauses at the ITC

Jones Day on

A recent decision by the International Trade Commission (”ITC”) in Investigation No. 337-TA-1091, suggests that the ITC may not enforce forum selection clauses that typically bind private parties to raise disputes in a...more

Kramer Levin Naftalis & Frankel LLP

Quelles Consequences Sur Vos Contrats De Marche En Cas De Frexit?

Avec une proportion non négligeable de candidats à la présidence de la France favorables à la sortie de l’Europe ou à la renégociation de certains traités, l’éventualité d’un Frexit au lendemain du Brexit n’a jamais été aussi...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

New Hampshire Supreme Court Quickly Disposes of Whistleblower Claims

Defeating whistleblower claims often requires a significant investment of time and resources in protracted litigation. But a recent decision in New Hampshire provides some hope that employers will be able to dispose of...more

Carlton Fields

Third Circuit Rejects Contractor’s Challenge To Arbitral Jurisdiction Based On Failure To Comply With Agreement’s Procedural...

Carlton Fields on

The Third Circuit affirmed a lower court’s ruling against a contractor challenging an arbitrator’s authority in ordering payment of delinquent contributions to employee benefit funds. Plaintiff (“Nolt”) signed a Project Labor...more

Jackson Walker

Texas Supreme Court Affirms Property Owners' Rights Within the Extraterritorial Jurisdiction

Jackson Walker on

On May 27, 2016, in Town of Lakewood Village v. Bizios, the Texas Supreme Court held that general law municipalities do not have the authority to enforce building codes within their extraterritorial jurisdictions (ETJs). This...more

Brooks Pierce

Business Court Enjoins Enforcement Of High Interest Rate Loans Made By American Indian-Related Business

Brooks Pierce on

Judge Gale's opinion last week in Western Sky in State v. Western Sky Financial, LLC, 2015 NCBC 84 has a little bit of everything in it: choice of law, the U.S. Constitution, claims for usury (excessive interest rates) and...more

Epstein Becker & Green

Regulators Issue Final Dodd-Frank Standards for Assessing Diversity Policies and Practices of Covered Entities in the Financial...

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On June 9, 2015, six federal agencies (“Agencies”) subject to the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010 (“Act”) issued much-anticipated joint final standards (“Final Standards”) in accordance with...more

Carlton Fields

Arbitration Award Roundup

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Following is a roundup of recent opinions on motions concerning the confirmation, vacation, and modification of arbitration awards, organized by the issues presented in the motions...more

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