Articles: 1-10 of 402
District court holds that Russian language choice of forum provision prevails over English translation in contract executed with side-by-side provisions where term employed was a term of art in Russia and did not compel the parties to arbitrate their disputes
Russia - September 25 2023 In August and September 2016, LaRubInt Corp., a U.S. media marketing company, entered into three licensing agreements with Joint Stock Company Studio…
The English High Court determines that a Californian arbitral award is not enforceable in the UK
European Union, United Kingdom - September 6 2023 On 14 July 2023, the English High Court denied the enforcement of an arbitral award (“Final Award”) rendered under the Judicial Arbitration and…
Post-M&A Litigation: England & Wales High Court rules on “Material Adverse Change in Trading Position”
United Kingdom - August 28 2023 What constitutes a material adverse change or a material impact on the profitability of a target company? In the recent decision in Finsbury Food…
District court vacates arbitration award due to evident arbitrator partiality
USA - August 14 2023 In Equicare Health Inc. v. Varian Med. Sys., the District Court for the Northern District of California vacated arbitration award due to evident…
United States: Supreme Court rules lower court proceedings must be stayed pending the appeal of a denial of a motion to compel arbitration
USA - August 9 2023 On June 23, 2023, the Supreme Court issued a very important decision concerning the procedure to be followed when a district court denies a party’s…
Further EU and UK Restrictions on Providing Legal Services to the Government of Russia or Legal Entities established in Russia
European Union, Russia, United Kingdom - July 10 2023 Previously on this blog, we had reported (1) about the scope of the EU prohibition for the legal industry to engage directly or indirectly in any…
German Federal Court of Justice on the extension of arbitration agreements to non-signatories (piercing of the corporate veil)
Germany - June 30 2023 On 9 March 2023, the German Federal Court of Justice (“BGH“) confirmed the decision of the Higher Regional Court of Koblenz to refuse recognition and…
District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision
European Union, Spain - May 31 2023 In 2007, two Dutch companies, AES Solar Energy Coöperatief U.A. And Ampere Equity Fund B.V. (collectively, the “Companies”), invested in renewable…
Paris Court of Appeal: Claims for reimbursement of expenses incurred during criminal proceedings are not covered by the arbitration clause
France - May 30 2023 Factual Background In 2012, Mr. X bought a catamaran put up for sale by Mr. Y, who owned this catamaran through a British Virgin Islands company…
High Court of Australia dismisses appeal by the Kingdom of Spain
Australia, Spain - May 3 2023 The High Court of Australia (HCA) has unanimously dismissed an appeal by The Kingdom of Spain (Spain) in a decision concerning foreign state immunity…
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