NEWS AND NOTES

U.S. Court Affirms Annulled Arbitration Award

On August 2, 2016, in Corporación Mexicana De Mantenimiento Integral, S. De R.L. De C.V. v. Pemex-Exploración Y Producción, the United States Court of Appeals for the Second Circuit, confirmed an international arbitration Award issued ...

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U.S. Supreme Court Reverses California Court’s Strained Interpretation of Arbitration Clause Referencing Invalid State Law

On December 14, 2015 the United States Supreme Court in DIRECTTV, INC. V. INBUGIA ET AL reversed the California Court of Appeals decision rendering an arbitration agreement containing a class-arbitration clause waiver unenforceable. The Supreme ...

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Attorneys’ Fees May Be Recovered In New York Convention Confirmation Petition

On November 18, 2015, the United States District Court for the Southern District of New York held in Navig8 Chemicals Asia PTE, Ltd. et al. v. Crest Energy Partners, LP, that where an award debtor ...

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New ICDR Arbitration Rules Effective June 1, 2014

The International Center of Dispute Resolution ("ICDR"), the international division of the American Arbitration Association ("AAA"), published revised rules of procedure for arbitrations filed on or after  June 1, 2014. Significant rule changes include:

U.S. Supreme Court Rules on International Investment Arbitration

On March 5, 2014, the United States Supreme Court in BG Group plc v. Republic of Argentina held that the local litigation provision found in the U.K/Argentina Bilateral Investment Treaty (requiring parties to submit a ...

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New AAA Commercial Arbitration Rules Effective October 1, 2013

The American Arbitration Association announced new commercial arbitration rules which will become effective for all cases filed after October 1, 2013.  Significant rule changes include:
  • all cases exceeding $75,000 must be mediated concurrently ...

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U.S. Supreme Court Validates Class Action Waiver

On June 20, 2013, the Unites States Supreme Court in American Express Co. et al. v Italian Colors Restaurant et al., upheld class arbitration waiver clauses even if the cost of pursuing a federal claim ...

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U.S Supreme Court Restricts Court Interference With Arbitrators’ Decision

On June 10, 2013, in Oxford Health Plans, LLC v. Sutter, the United States Supreme Court reconfirmed the limited circumstances under which Federal Courts may vacate arbitrators’ decisions on the ground of “exceeding their powers” ...

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The United States Supreme Court Reiterates that the FAA is Paramount

On November 26, 2012, the United States Supreme Court, in a per curiam opinion, vacated an Oklahoma Supreme Court decision in Nitro-Lift Technologies, L.L.C. v. Howard et al. (Docket 1-1377), on the ground that the ...

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Queen Mary/White & Case 2012 Survey

The 2012 Queen Mary/White & Case Survey, Current and Preferred Practices in the Arbitral Process, analyzes the extent to which diverse procedural practices in international arbitration are harmonized. The Survey explores current and preferred practices ...

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Discovery is Available in the U.S. for Foreign Arbitrations

On June 25, 2012, in In re Consorcio Ecuatoriano de Telecomunicaciones S.A., v. JAS Forwarding (USA), Inc., the United States Court of Appeals for the 11th Circuit held that an arbitral tribunal located in Ecuador ...

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Circuit Courts of Appeal Disagree on Class Arbitration

On May 18, 2012, the U.S. Court of Appeals (5th Cir.) in Reed v. Florida Metropolitan University Incorporated concluded that an arbitrator had exceeded his authority by ordering the parties into class arbitration without a ...

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