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Results: 1-10 of 27

Class-action arbitration cannot be compelled absent evidence of consent

  • Epstein Becker Green
  • -
  • USA
  • -
  • May 4 2010

On April 27, 2010, a divided U.S. Supreme Court (5-3, with Sotomayor, J., recused) held that the Federal Arbitration Act, 9 U.S.C. 1 et seq. ("FAA"), does not permit forcing unwilling parties to participate in a class arbitration to which they have not consented

Single notice of arbitration given under ten bills of lading held to commence ten separate arbitrations rather than a single consolidated arbitration

  • Reed Smith LLP
  • -
  • USA
  • -
  • December 3 2010

Easybiz Investments v Sinograin Chinatex 2010 EWHC 2656 related to arbitration proceedings commenced in relation to ten bills of lading

Arbitration

  • Baker & McKenzie
  • -
  • USA
  • -
  • July 23 2012

Plaintiff seaman, a citizen of the Philippines, sued defendants, a ship’s owneroperator (“World Car”), a charter party (“Nissan”), and a crew company (“MOL”), for, among other claims, maintenance and cure in connection with severe shipboard injuries he sustained aboard the MV Asian Spirit in the Chesapeake Bay near Baltimore

Courts make waves for marine lawyers: Rule B and antisuit injunctions

  • Kennedys Law LLP
  • -
  • United Kingdom, USA
  • -
  • May 20 2009

Two recent judgments are making waves for marine lawyers

Supreme Court holds that class arbitration cannot be imposed on a party whose arbitration agreement is silent on the issue

  • Edwards Wildman Palmer LLP
  • -
  • USA
  • -
  • May 18 2010

The Supreme Court recently held that shipping companies could not be compelled to participate in class arbitration of their customers' price fixing claims when the parties had not agreed to class arbitration

Reach out and sue someone stolen cell phones spur arbitration

  • Jorden Burt LLP
  • -
  • USA
  • -
  • July 27 2009

Litigation was stayed pending concurrent arbitration in a dispute arising out of the theft of cell phones during international shipping

You don’t have to arbitrate your dispute with the moving company

  • Stinson Leonard Street LLP
  • -
  • USA
  • -
  • October 26 2011

Just in time to participate in Arbitration Nation’s (unplanned) series on legislative nullification of arbitration agreements, the Ninth Circuit Court of Appeals ruled last week that the Carmack Amendment nullifies pre-dispute arbitration agreements in interstate shipment contracts

US Supreme Court: no class arbitration absent party consent

  • White & Case LLP
  • -
  • USA
  • -
  • July 29 2010

On April 27, 2010, the US Supreme Court ruled in Stolt-Nielsen SA, et al. v. AnimalFeeds Int'l Corp. that, under the Federal Arbitration Act (FAA), compelling arbitrating parties to submit to class arbitration pursuant to an arbitration agreement silent on the subject "is fundamentally at war with the foundational FAA principle that arbitration is a matter of consent."

Court rejects attempt to attach electronic funds transfer

  • Chadbourne & Parke LLP
  • -
  • USA
  • -
  • December 21 2010

In Allied Maritime, Inc. v. Descatrade SA, 620 F.3d 70 (2d Cir. 2010), the Second Circuit Court of Appeals affirmed a decision by Judge Shira A. Scheindlin of the Southern District of New York that prohibited the process of maritime attachment and garnishment (PMAG) to secure a putative foreign arbitral award

Federal court avoids arbitration in shipping case

  • Masuda Funai Eifert & Mitchell Ltd
  • -
  • USA
  • -
  • September 7 2012

Many parties insert arbitration clauses mandating arbitration in the event of a dispute in commercial agreements