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First Circuit holds that preclusive effect of prior arbitration outcome is itself an arbitrable issue
  • Locke Lord LLP
  • USA
  • April 7 2014

The U.S. Court of Appeals for the First Circuit earlier this year held that the preclusive effect of a prior arbitration is itself a matter for


Second Circuit rules that the FLSA does not bar enforcement of class action waivers: Sutherland v. Ernst & Young LLP
  • Locke Lord LLP
  • USA
  • August 16 2013

On August 9, 2013, the Second Circuit ruled that an employee may be compelled to arbitrate individual claims under the Fair Labor Standards Act


D.C. Court holds date arbitral award issued is date for appropriate currency conversion
  • Locke Lord LLP
  • USA
  • July 3 2013

In today's global economy, it is not uncommon for arbitration awards to be denominated in a currency that is foreign to the place of enforcement. In


California Supreme Court holds express class action waivers in employment arbitration agreements are enforceable
  • Locke Lord LLP
  • USA
  • July 3 2014

On June 23, 2014, the California Supreme Court issued its decision in Iskanian v. CLS Transportation Los Angeles, LLC, No. S204032, 2014 WL 2808963


Cedent contends that US Supreme Court should resolve circuit split concerning whether convention preempts state law precluding arbitration
  • Locke Lord LLP
  • USA
  • October 14 2010

In a case we have been following on www.insurereinsure.com (click here for our most recent post), the Louisiana Safety Association of Timberman-Self Insurers Fund ("LSAT") recently filed a supplemental brief petitioning the U.S. Supreme Court to grant certiorari to address whether the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the "Convention") preempts a Louisiana Statute that bars enforcement of arbitration agreements in insurance or reinsurance contracts


District court denies motion to stay, holds that potential for unnecessary arbitration-related expenses does not constitute irreparable harm or clear hardship
  • Locke Lord LLP
  • USA
  • January 22 2010

Plaintiff B.D. Cooke & Partners Limited, as Assignee of Citizens Casualty Company of New York (in Liquidation) (“Cooke”), filed a lawsuit against defendant Certain Underwriters at Lloyd’s, London (“Underwriters”


Silence has a price - DC court holds refusal to abide by international arbitration without justification
  • Locke Lord LLP
  • USA
  • April 3 2013

Anecdotal evidence indicates that the vast majority of international arbitration awards are paid voluntarily. For example, a 2008 study conducted by


Recent caselaw illuminates the limits of the Federal Arbitration Act’s reach to insurance contracts
  • Locke Lord LLP
  • USA
  • July 17 2013

Courts are more and more likely to enforce an arbitration clause, but not necessarily the ones in an insurance contract. The U.S. Supreme Court has


The Supreme Court rules that courts must honor an arbitrator’s construction of contractual language in favor of class arbitration, “however good, bad, or ugly”
  • Locke Lord LLP
  • USA
  • June 14 2013

In Oxford Health Plans LLC v. Sutter, 569 U.S. ____ (2013), the Supreme Court all but ordered the federal courts to not decide whether one person can


Do I really have to ask?
  • Locke Lord LLP
  • USA
  • May 29 2014

On May 23, 2014, the Supreme Court of Texas, in Tenaska Energy Inc. v. Ponderosa Pine Energy LLC, 2014 Tex. Lexis 427, reaffirmed the duty of a