NEWS AND NOTES

INTERNATIONAL ARBITRATION AGREEMENTS MAY BE ENFORCEABLE BY NON-SIGNATORIES

On June 1, 2020 the U.S. Supreme Court held, in GE Energy Power Conversion France SAS Corp. v. Outokumpu Stainless USA, LLC, that a non-signatory to an international arbitration agreement may rely on ...

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U.S. Supreme Court Holds That Express Consent Required for Class Arbitration

On April 24, 2019, in Lamps Plus, Inc. et al. v. Frank Varela, 587 U.S. _ (2019), the U.S. Supreme Court maintained its long-standing position, expressed in its earlier decision in Stolt-Nielsen S.A. ...

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U.S. Supreme Court Rejects “Wholly Groundless” Exception To Arbitrability

On January 8, 2019, in Henry Schein Inc., et al., v. Archer & White Sales, Inc., the United States Supreme Court, following its 1995 decision in First Options of Chicago v. Kaplan, 561 ...

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SECOND CIRCUIT CLARIFIES PARTIALITY STANDARD FOR PARTY-APPOINTED ARBITRATORS

On June 7, 2018, the United States Court of Appeals for the Second Circuit, held that a party seeking to vacate an award under Section 10(a)(2) of the Federal Arbitration Act sustains a higher burden ...

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FEDERAL ARBITRATION ACT TRUMPS NATIONAL LABOR RELATIONS ACT

On May 21, 2018, the United States Supreme Court reaffirmed its oft stated observation that the U.S. Federal Arbitration Act (“Act”) requires courts “rigorously” to “enforce arbitration agreements according to their terms” “including with whom ...

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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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