Refine your search
2,973 results found
Kilpatrick Townsend & Stockton LLP | USA | 29 Sep 2023
Seventh Circuit: disputed issues of fact require a trial on the issue of whether an account user received notice of an agreement to arbitrate putative class claims against PayPal
We have written many articles about the implementation of arbitration agreements and class action waivers as mechanisms to reduce exposure to class…
Baker McKenzie | USA | 28 Sep 2023
Arbitration. Confirmation of Award. Subject Matter Jurisdiction. Forum Selection Clause. Second Circuit vacates dismissal of petition to confirm arbitral award, finding that the petition adequately pleaded subject matter jurisdiction and the district court erred in concluding the forum selection clause stripped the court of its subject matter jurisdiction.
Benzion Rabinowitz ("Rabinowitz") and Levi Kelman ("Kelman") signed a Settlement Agreement in 2018 to settle a dispute between them. The Settlement…
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…
Baker McKenzie | USA | 28 Sep 2023
Arbitration. Vacatur and Confirmation of Award. Time Limits. Equitable Tolling. Fraud. Eleventh Circuit affirms district court's application of equitable tolling to extend the three-month deadline to move to vacate an arbitration award and finds that district court did not abuse its discretion in determining that the award was procured by fraud.
In 2013, NuVasive, Inc. ("NuVasive"), a medical product manufacturer, entered into an exclusive distribution agreement with Absolute Medical, LLC…
Baker McKenzie | USA | 28 Sep 2023
Arbitration. Removal of Arbitrator. District court dismisses petition to remove the presiding arbitrator in ongoing arbitration proceeding in Bermuda, concluding that the court did not have authority to remove a sitting arbitrator in an arbitration proceeding conducted under Bermuda law and that, even if that were not the case, the petition failed on the merits.
Petitioner, Endurance Specialty Insurance Limited ("Endurance") brought an action in New York state court against Horseshoe Re Limited ("Horseshoe")…
Baker McKenzie | USA | 28 Sep 2023
Arbitration. Vacatur and Confirmation of Award. Time Limits. District court holds that the three‑month deadline to file a motion to vacate under the Federal Arbitration Act is triggered by an arbitrator's "final award" despite subsequent motions for clarification.
Petitioner First Kuwaiti General Trading & Contracting W.L.L. ("FKTC") and Respondent Kellogg Brown & Root International, Inc. ("KBR") entered into…
Reed Smith LLP | Hong Kong, United Kingdom, USA | 15 Sep 2023
Virtual asset trading platforms, arbitration and consumer protection
Virtual asset (“VA”) trading platforms are increasingly encountering disputes with their users. There has therefore never been a better time for…
Proskauer Rose LLP | USA | 13 Sep 2023
Federal Court Upholds Arbitral Award Despite Failures to Disclose Potential Bias
The Eleventh Circuit upheld an arbitral award last month despite the arbitrators’ failure to make certain disclosures regarding potential sources of…
Proskauer Rose LLP | USA | 12 Sep 2023
Ninth Circuit Broadly Construes Exemption to Federal Arbitration Act
The Ninth Circuit recently issued an opinion that signals some movement in the direction away from enforcing employment-related arbitration…
Haynes and Boone LLP | USA | 12 Sep 2023
Arbitration in the Fifth - August 2023
In August 2023, the Eastern District of Louisiana continued its line of cases holding that Louisiana law does not reverse-preempt the New York…
