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Arbitration Agreements

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In Arbitration Agreements

No Confirmation of an Award Against Non-Signatory

by 5 Mins Read

Abstract: District court holds non-signatory to three arbitration agreements is not bound to arbitrate because it did not merge with signatories’ parent company, but became a wholly owned subsidiary, which is a distinct legal entity – Rossisa Participações S.A. v. The Reynolds and Reynolds Co., No. 3:18-cv-00297 (S.D. Ohio Sept. 6, 2019).Petitioners purchased an electronic system for data processing in 1997 pursuant to three contracts signed with three different entities: Universal Computer Software, Ltd. (“Software…

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In Applicable Law

Singapore Court determines proper law of arbitration clause

by , and 7 Mins Read

In its recent decision in BNA v BNB and another [2019] SGHC 142, the Singapore High Court had to determine the law governing an arbitration clause in order to decide whether or not the tribunal in the arbitration lacked jurisdiction because the arbitration clause was invalid. The decision is a strong reminder for parties to give careful attention to the drafting of their arbitration clauses and to state their intentions clearly. Background The parties’ dispute…

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In Arbitration Agreements

U.S.: Supreme Court reverses the Ninth Circuit and holds that ambiguity in a contract on the issue of whether the parties agreed to allow class arbitration is not a sufficient basis for ordering class arbitration.  

by 3 Mins Read

Lamps Plus, Inc. v. Varela, No. 17–988, __ U.S. __ (April 24, 2019) [click for opinion] In 2016, a hacker tricked an employee of petitioner Lamps Plus, Inc. into disclosing tax information of about 1300 company employees. After a fraudulent federal income tax return was filed in the name of respondent Frank Varela, a Lamps Plus employee, Varela filed a putative class action against Lamps Plus in federal district court on behalf of employees whose information…

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In Arbitration Agreements

U.S.: District court denies motion to compel arbitration of Defendants’ counterclaims when Plaintiffs intentionally delayed seeking arbitration, thereby waiving their right to arbitration.

by 3 Mins Read

HTC Corp. v. Telefonaktiebolaget LM Ericsson, No. 6:18-CV-00243-JRG (E.D. Tex. Jan. 22, 2019) [click for opinion] Before the district court was Plaintiffs’ motion to sever, stay, and compel arbitration of Defendants’ counterclaims. Those counterclaims alleged that Plaintiffs breached their obligation to negotiate in good faith and sought a declaratory judgment that Plaintiffs repudiated any rights with respect to Defendants’ FRAND (fair, reasonable, and non-discriminatory) declarations. Plaintiffs argued that these counterclaims were subject to arbitration as…

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