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Baker McKenzie | USA | 28 Sep 2023

Arbitration. Validity of Clause. Third Circuit reverses and remands district court's decision to compel arbitration, holding that asset purchase agreement called for expert determination rather than arbitration.

In 2015, Kevin Sapp and Jamie Hopper sold two companies to Industrial Action Services LLC ("IAS"). The sale was governed by an asset purchase agreemen…
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Baker McKenzie | Global, USA | 28 Sep 2023

Arbitration. Confirmation of Award. District court enforces ICSID award rendered against Venezuela even though the ICSID annulment panel did not recognize the Guaidó government's right to control the annulment proceeding.

Valores Munidales, S.L. And Consorcio Andino, S.L. (together, "Valores"), were two Spanish shareholders of Venezuelan food production companies…
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Baker McKenzie | USA | 28 Sep 2023

Arbitration. Forum Shopping. District court holds that Plaintiff could not overcome a prior dismissal's preclusive effect and that the underlying suit had been properly dismissed under the doctrine of forum non conveniens.

Aenergy, S.A. ("Aenergy") is an Angolan energy company owned by a Portuguese citizen, Ricardo Machado. Between 2014 and 2017, Aenergy entered into 13…
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Baker McKenzie | USA | 28 Sep 2023

Service of Process. Hague Service Convention. District court holds service by email not permitted in China since it opted out of service by mail under the Hague Service Convention.

Plaintiff Safavieh Intl, LLC ("Safavieh") is a New York designer rug company that has copyright registrations for a number of its rug designs, which…
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Baker McKenzie | USA | 28 Sep 2023

Arbitration. Agreement to Arbitrate. Battle of the Forms. Fifth Circuit holds there was no valid agreement to arbitrate where parties exchanged their own forms with different terms.

Plaintiff-Appellee Axiall Canada, Inc. ("Axiall") and Defendant‑Appellant MECS, Inc. ("MECS") entered into a series of demister sales beginning in…
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