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Arbitration Agreements

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In Arbitration Agreements

The Constitutional Court of the Republic of Turkey rules that Turkish courts’ lack of jurisdiction is foreseeable in the presence of an arbitration agreement

by 8 Mins Read

On 8 June 2021, the Constitutional Court of the Republic of Turkey (“Constitutional Court”) decided on an individual application concerning, inter alia, violation of ownership right and made a significant point on the effect of arbitration agreements to Turkish courts’ jurisdiction.[1] This decision shows that parties to an arbitration agreement will bear the consequences of resorting to Turkish courts despite the existence of an arbitration agreement. Factual Background The underlying dispute arose out of a…

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In Arbitration Agreements

District court grants petition to compel arbitration where existence of arbitration agreement was in dispute

by 3 Mins Read

Spliethoff Transport B.V. v. Phyto-Charter Inc., No. 20-CV-3283 (S.D.N.Y. May 13, 2021) [click for opinion] Petitioner Spliethoff Transport B.V. (“Spliethoff”) sought an order to compel Respondent Phyto-Charter Inc. (“Phyto-Charter”) to submit to arbitration in New York an admiralty dispute valued at $500,000. Spliethoff also sought an order from the court to compel Phyto-Charter to appoint an arbitrator. In response, Phyto-Charter filed a motion to dismiss for lack of subject matter jurisdiction, adding that, on the…

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In Arbitration Agreements

Supreme Court of Canada finds Uber arbitration clause is unconscionable

by and 8 Mins Read

In Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v. Heller”) the Supreme Court of Canada upheld the Ontario Court of Appeal’s decision that Uber’s arbitration agreement is invalid and unenforceable, leaving disputes under the clause to be litigated in the courts. The Court re-affirmed the competence-competence principle and the deference generally afforded to arbitrators by the courts, while creating an exception to the general rule of arbitral referral. Background The case arises from…

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In Arbitration Agreements

Swiss Supreme Court denies the extension of an arbitration clause to a third party for lack of (implicit) consent

by and 4 Mins Read

In a recent decision published 13 November 2020, the Swiss Federal Supreme Court (“SFSC”) granted the appeal against the partial final award of an arbitral tribunal, with which the latter had extended the arbitration agreement to the appellant as a non-signatory party to the agreement. In the opinion of the SFSC, the appellant had not sufficiently interfered in the conclusion and execution of the underlying main contract to an extent where such inference could, in…

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