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Arbitrability

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Veerji Exports v. Carlos St Mary, Inc., No. 22 Civ. 3661 (LGS) (S.D.N.Y. Dec. 5, 2022)[1] Factual Background Plaintiff Veerji Exports (“Veerji”) contracted with BVC Brink’s Diamond and Jewellery Services LLP (“BVC”), the designated agent of Defendant Brink’s Global Services, Inc. (“Brink’s”), to ship diamonds from Surat, India to Defendants Carlos St. Mary and Carlos St. Mary, Inc. (collectively, “St. Mary”) in Houston, Texas. Pursuant to the contract, BVC issued a house airway bill (“HAWB”), which…

Olin Holdings Ltd. v. State of Libya, No. 21-CV-4150 (S.D.N.Y. Mar. 22, 2022)[1] In the 1990s, Libya made a number of legislative changes to foster foreign investment. This included entering into a number of Bilateral Investment Treaties, one of which was with Cyprus (the “BIT”). The BIT included a dispute resolution provision that allowed disputes between one of the countries and an investor from the other country to be submitted to a court where the…

First Circuit vacates grant of motion to compel arbitration, finding that the parties’ disagreement over which conflicting agreement applied required the district court to resolve the gateway question of arbitrability. McKenzie v. Brannan, No. 20-2170 (1st Cir. Nov. 22, 2021)[1] Factual Background American Pop Art artist Robert Indiana (“Indiana”) was famous for his distinctive “LOVE” image (with the L and titled O sitting atop the V and E). In 2008, Indiana entered into a publishing agreement…

In a decision published on 1st March 2021, the Swiss Federal Supreme Court (“SFSC”) ruled on the arbitrability of a claim and the corresponding enforceability of an international arbitral award in the light of bankruptcy proceedings filed against the respondent in Switzerland (case no. 5A_910/2019 (in German)). Factual background The dispute at stake originated from an arbitral award of the London Court of International Arbitration (“LCIA”). Therein, the claimant (and subsequently defendant before the SFSC)…