NEWS AND NOTES

Second Circuit Court of Appeals Rules on “Evident Partiality”

In this case, the Court of Appeals reversed the district court's vacatur of an award and ruled that non-disclosure by two arbitrators of their concurrent service in another similar case did not rise to the ...

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New York Court of Appeals Rules on Arbitrator Partiality

In U.S. Electronics, Inc. v. Sirius Satellite Radio, Inc. (Nov. 15, 2011), the New York Court of Appeals considered the  meaning of "evident partiality" of an arbitrator as a basis for vacatur of an arbitration ...

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ICC Adopts New Arbitration Rules

The International Chamber of Commerce has adopted new arbitration rules which will become effective on January 1, 2012 ("Rules").  The main objective of the Rules is to promote efficiency in arbitration and to modernize the ...

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Third Circuit Applies AT&T Mobility v. Concepcion

On August 24, 2011, in Litman, et al. v. Cellco Partnership d/b/a Verizon Wireless, No. 08-4103, on remand from the United States Supreme Court, the United States Court of Appeals for the Third Circuit (Philadelphia) ...

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France Revises Arbitration Law

France's revised Arbitration Law (Articles 1442-1527 of the French Civil Procedure Code), which came into effect on May 1, 2011, includes new sections, clarifies existing provisions and codifies existing case law. Notably, international arbitration agreements ...

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Supreme Court Upholds Class Action Waivers In Consumer Arbitration Agreements

The United States Supreme Court in AT&T Mobility LLC  v. Concepcion (Slip Op. No. 09-893, April 27, 2011) struck down California's "Discovery Bank" rule to the extent that it authorized courts to refuse to enforce ...

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Settlement Reached at Mediation is Binding Despite the Absence of “Important” Terms

On April 11, 2011, the U.S. Court of Appeals for the 9th Circuit handed down its decision concerning whether the Winklevoss brothers were bound by an agreement entered into at the conclusion of a mediation ...

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New York Court Upholds Pre-Award Attachment of Assets in Singapore Arbitration

In Matter of Sojitz Corp. v. Prithvi Information Solutions Ltd., a New York appellate court held that pursuant to New York procedural rules [CPLR 7502(c)], a creditor can attach assets in New York, for security ...

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International Survey on Arbitration

Queen Mary School of International Arbitration, University of London, released its third empirical survey on international arbitration: “2010 International Arbitration Survey: Choices in International Arbitration:. In 2010 the University focused on the choices corporations have ...

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U.S Survey on Arbitration

In 2011 the Rand Corporation published its report on “Business-to-Business Arbitration in the United States; Perception of Corporate Counsel”. The goal of the study was to discover what corporate counsel thought about the benefits of ...

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CCA Protocols on Expeditious Cost-Effective Arbitration

A must read for all participants in the arbitration process is the 2010 Fall publication of the CCA entitled: “The College of Commercial Arbitrators Protocols For Expeditious, Cost-Effective Commercial Arbitration: Key Action Steps for Business ...

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