In a recent Iranian gas contract dispute, the High Court of England and Wales rejected an attempt to set aside an arbitration award on the grounds of alleged corruption and bribery.[i] This judgment is a helpful reminder of how English courts deal with attempts to have awards set aside on this basis. However, the state of the relevant underlying English common law in this area is such that it should be closely watched.Yet another oil…
California continued its ongoing debate on arbitrations and class actions in July when its Supreme Court held that in some…
In Nesbitt v. FCNH, Inc., No. 14-1502 (10th Cir. Jan. 5, 2016), the Tenth Circuit upheld the denial of…
In its decision in Chesapeake Appalachia, LLC v. Scout Petroleum, LLC, 809 F. 3d 746 (3d Cir. 2016), the Third Circuit held that general reference to arbitration under AAA rules does not constitute clear and unmistakable evidence that the parties delegated the question of class arbitrability to the arbitrators. Chesapeake Appalachia, LLC (“Chesapeake”) entered into various oil and gas leases with landowners in several Pennsylvania counties in 2008. Scout Petroleum, LLC and Scout II, LP…
Terra Holding GmbH and Terra Handels-und Speditionsgesellschaft mbH v. Unitrans International, Inc., No. 14-cv-1788 (E.D. Va. Aug. 19,…
Arbitrability: The Limits of Arbitration on 7 April 2016, 12.00-2.00pm Venue: CCLS, room 3.1, 67-69 Lincoln’s Inn Fields,…
We are pleased to announce that the new edition of The Baker & McKenzie International Arbitration Yearbook is now available. The ninth edition of an annual series established by the Firm in 2007, this volume comprises reports on arbitration in key jurisdictions around the globe. Leading lawyers of the Firm’s International Arbitration Practice Group, report on recent developments in national laws relating to arbitration and address current arbitral trends in the jurisdictions in which they practice. Each chapter…
In Brennan v. Opus Bank, 796 F.3d 1125 (9th Cir. 2015), the Ninth Circuit held that express incorporation…
On August 4, 2015, the D.C. Circuit issued a decision in Chevron Corp. v. Republic of Ecuador, 795 F.3d 200…
In a July 28, 2015 decision in Katz v. Cellco Partnership, dba Verizon Wireless, 794 F.3d 341 (2d Cir. 2015), the U.S. Court of Appeals for the Second Circuit confirmed that a court should stay, rather than dismiss, a proceeding upon a party’s request after granting a motion to compel arbitration. Plaintiff Michael Katz brought suit in the U.S. District Court for the Southern District of New York asserting state law claims for breach of contract and consumer fraud against Verizon Wireless…