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381 results found

Article

Patterson Belknap Webb & Tyler LLP | USA | 20 Nov 2018

Arbitration Not Waived in Lawsuit Pending for Two Years

Defendants in a lawsuit didn’t waive their right to arbitrate even after moving to dismiss and answering a complaint, a court held last week

Article

Herbert Smith Freehills LLP | Russia | 17 Nov 2018

The ICC standard arbitration clause potentially invalid in Russia

According to Russian media, the ICC has recently applied to the Russian Supreme Court (“SC“) asking that it clarify the approach of Russian courts to

Article

Hunton Andrews Kurth LLP | USA | 18 Aug 2016

Eleventh Circuit: Arbitration Agreement Enforceable Despite Terms that Violate USERRA

In Bodine v. Cook's Pest Control Inc., No. 15-13233, 2016 WL 4056031 (11th Cir. July 29, 2016), the Eleventh Circuit held that a forced-arbitration

Article

Baker McKenzie | USA | 30 Jul 2015

Judicial review of arbitrability. District Court dismisses motion to compel arbitration with prejudice as to signatory not bound by arbitration clause, as dismissal without prejudice would have deprived signatory of right to have the court hear issues of arbitrability.

Petitioners, Ogden Power Development Cayman, Inc., Quezon Generating Co., Ltd., and GPI Quezon, Ltd, and Respondents PMR Limited Co. and PMR Power

Article

Farrell Fritz PC | USA | 20 Sep 2011

Derivative claims brought on behalf of an LLC cannot be intermingled with individual claims: Waxman Real Estate LLC v Sacks

In a September 7, 2011, decision by Justice Fried, the court granted in part defendant-LLC members’ motion to dismiss and denied their motion to compel arbitration.

Article

Jorden Burt LLP | USA | 18 Aug 2011

Arbitration roundup

After being directed by the U.S. Supreme Court to reconsider its decision in light of the Court’s Stolt- Nielsen decision, the U.S. Court of Appeals for the Second Circuit reached the same result on the second go-around in In re American Express Merchants’ Litigation, ruling that a class action waiver provision in the arbitration clause of a card acceptance agreement was unenforceable.

Article

Kelley Drye & Warren LLP | USA | 10 Aug 2011

"Use it or lose it" when it comes to asserting your right to arbitration

'That was the clear message from the U.S. Court of Appeals for the District of Columbia Circuit’s in Zuckerman Spaeder, LLP v. James A. Aufenberg, Jr., No. 10-7041, July 29, 2011 (slip op.) when it “alerted the bar in this Circuit that failure to invoke arbitration at the first available opportunity will presumptively extinguish a client’s ability later to opt for arbitration.

Article

Herbert Smith Freehills LLP | Russia | 18 Jul 2011

The highest court of the Russian Federation has pulled the plug on "in house" arbitral tribunals

The Presidium of the Supreme Arbitrazh Court of the Russian Federation (the "SAC Presidium") held that the concept of "in house" arbitral institutions is contrary to Russian law in two different decrees in May and June this year.

Article

LK Shields | Ireland | 26 May 2011

Alternative dispute resolution in employment disputes

As the volume of employment claims increases, so too do the inevitable delays in resolving those claims

Article

Locke Lord LLP | United Kingdom | 27 Oct 2010

High Court provides clarity on time limits in arbitration clauses

In William McIlroy Swindon Ltd & Rannoch Investments Ltd v Quinn Insurance Ltd 2010 EWHC 2448 (TCC), the High Court was asked to consider, as a preliminary issue, when a dispute could be said to have arisen for the purposes of an arbitration clause that provided that any dispute as to the insurer's liability was to be referred to arbitration within nine months, failing which the claim would be deemed to have been abandoned.

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