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Arbitrability

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In Arbitrability

U.S.: Fourth Circuit directs district court to compel arbitration where agreement contained clear and unmistakable language providing the arbitrator with the power to determine his or her jurisdiction.

by 2 Mins Read

Novic v. Credit One Bank, N.A., No. 17-2168 (4th Cir. Jan 4, 2019) [click for opinion] Charleene Novic had entered into a credit agreement to obtain a credit card with Credit One Bank, N.A. (“Credit One”). The Cardholder Agreement contained an arbitration provision with a clause delegating authority to the arbitrator: “Claims subject to arbitration include . . . disputes related to . . . the application, enforceability or interpretation of this Agreement, including this…

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In Arbitrability

U.S.: Second Circuit affirms bankruptcy and district court decisions to deny motion to compel arbitration given the conflict between arbitration and the Bankruptcy Code.

by 4 Mins Read

Anderson v. Credit One Bank, N.A. (In re Anderson), 884 F.3d 382 (2d Cir. 2018) [click for opinion] Plaintiff was a credit card holder with Credit One Bank, N.A.’s predecessor (the “Bank”). On March 12, 2012, the Bank “charged off” Plaintiff’s outstanding credit card debt; that is, the Bank changed those debts in its books from a receivable to a loss. The Bank then sold Plaintiff’s debt to a third-party buyer, and externally reported the…

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In Arbitrability

New Arbitration Provisions Confirm that IP Disputes are Arbitrable in Hong Kong

by 5 Mins Read

On 1 January 2018, new provisions in the Arbitration Ordinance have come into force to confirm that all disputes relating to intellectual property rights (“IPRs” or “IPR”), whether registered or subsisting within or outside Hong Kong, will be arbitrable as between the parties to an arbitration and that any arbitral award will not be contrary to public policy only because it concerns a dispute relating to IPRs. The reform is part of the Hong Kong…

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In Arbitrability

Arbitrability of Venue Questions

by 4 Mins Read

Bamberger Rosenheim, Ltd. (Isr.) v. OA Dev., Inc. (United States), 862 F.3d 1284 (11th Cir. 2017) [click for opinion] Appellant Bamberger Rosenheim, Ltd. (“Bamberger”) is an Israeli company, that raises capital for real estate investments. Appellee OA Development, Inc. (“OAD”) is an American company, incorporated in the state of Georgia, that develops real estate. The parties entered into a solicitation agreement in 2008 that contained an arbitration clause calling for the seat of arbitration to…

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