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Arbitration clause voids Louisiana's expedited foreclosure remedy known as executory process

Baker Donelson Bearman Caldwell & Berkowitz PC
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USA
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January 30 2008

In Ellis Construction, Inc. v. Vieux Carre Resort Properties, 934 So. 2d 206 (La. App. 4th Cir. 60706), the Fourth Circuit Court of Appeal addressed the effect of an arbitration clause contained in a construction contract on a collateral (future advance) mortgage securing the amounts due under the construction construct

Arbitration agreements that permit mortgage lenders to initiate foreclosure in court are enforceable in Pennsylvania

Reed Smith LLP
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USA
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July 31 2007

In a much-anticipated ruling on the applicability of the unconscionability doctrine to arbitration clauses in consumer loan contracts, the Pennsylvania Supreme Court has rejected the anti-business, anti-arbitration approach taken by some of the lower courts in Pennsylvania

State's bank account not immune

Wragge & Co LLP
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United Kingdom
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August 20 2008

A foreign state's bank account used for commercial purposes will not be immune from enforcement action

2012 in review: key legal and regulatory developments

Allen & Gledhill LLP
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Singapore
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December 20 2012

This table provides an overview of the key developments in 2012 to date

Review of 2009 and preview of 2010

Herbert Smith Freehills LLP
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European Union, United Kingdom
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January 15 2010

The transition from 2009 to 2010 sees some significant legislative chapters closing, notably the Companies Act 2006, Rome I and II, the Banking Act 2009 and the Lisbon Treaty

Class action arbitration waiver unenforcable under NJ law

Jorden Burt LLP
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USA
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July 28 2009

The Third Circuit recently refused to uphold a class action arbitration waiver in a credit card agreement as void against public policy under New Jersey law

Who decides enforceability?

Morrison & Foerster LLP
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USA
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June 4 2010

An en banc panel of the Third Circuit recently held that "an unconscionability challenge to the provisions of an arbitration agreement is a question of arbitrability that is presumptively for the court, not the arbitrator, to decide."

Third Circuit: challenge to class action waiver in arbitration agreement in bank's cardmember agreement presents a question for the court, not an arbitrator

Day Pitney LLP
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USA
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June 14 2010

On May 10, 2010, in a 6-4 decision authored by Chief Judge Theodore A. McKee, the United States Court of Appeals for the Third Circuit held that a challenge by two credit card holders to the class action waiver contained in the arbitration provisions of their cardmember agreements presented a question of arbitrability for the District Court for the Eastern District of Pennsylvania ("District Court") rather than the arbitrator

Arbitrator to decide whether arbitration agreement’s ban of class actions is unconscionable

Jorden Burt LLP
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USA
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June 15 2010

In a dispute centered on retroactive credit card interest-rate increases, Mr. and Mrs. Puleo, on behalf of those similarly situated, appealed the District Court’s decision that the enforceability of an Arbitration Agreement’s ban on class actions was a question of arbitrability for the court to decide

Court rejects attempt to attach electronic funds transfer

Chadbourne & Parke LLP
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USA
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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

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Search results

Arbitration clause voids Louisiana's expedited foreclosure remedy known as executory process

Arbitration agreements that permit mortgage lenders to initiate foreclosure in court are enforceable in Pennsylvania

State's bank account not immune

2012 in review: key legal and regulatory developments

Review of 2009 and preview of 2010

Class action arbitration waiver unenforcable under NJ law

Who decides enforceability?

Third Circuit: challenge to class action waiver in arbitration agreement in bank's cardmember agreement presents a question for the court, not an arbitrator

Arbitrator to decide whether arbitration agreement’s ban of class actions is unconscionable

Court rejects attempt to attach electronic funds transfer

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