Appellants brought an arbitration against Appellees, asserting claims under both federal and Puerto Rico law for violations of Section 10(b) of the Securities Exchange Act, Rule 10b-5 of the Securities Exchange Commission, and the securities laws of Puerto Rico. Appellants ultimately lost that arbitration and subsequently filed a complaint in the Puerto Rico Court of First Instance requesting that the court vacate or modify the arbitration award. In this petition, Appellants invoked the Puerto Rico…
Practicing law in a time when information sharing technology is rapidly evolving poses significant challenges, especially with respect…
Petitioner, Trina Solar US, Inc. (“Trina”), is a California company that manufactures and sells solar panels. In 2012,…
The S.D.N.Y. denied a motion to quash a subpoena and vacate a related discovery order based in part on its conclusion that an arbitration tribunal of the London Maritime Association meets the definition of a foreign tribunal under 28 U.S.C. § 1782. Plaintiff Kleimar N.V. and Defendant Dalian Dongzhan Group Co. Ltd. were engaged in a series of arbitrations in London before the London Maritime Arbitration Association. The court granted Kleimar’s ex parte application to seek…
Canada has long been an arbitration-friendly jurisdiction and was the first state to adopt the 1985 UNCITRAL Model…
The IAAF recently extended its ban on Russian athletes through the World Championships in London this summer, stating…
In a decision of November 2016, the Higher Regional Court of Munich (Oberlandesgericht München; hereinafter the “Court”), clarified some general principles underlying a challenge of an arbitrator for lack of impartiality (Decision of 17 November 2016, 34 SchH 13/16, BeckRS 2016, 20169). The decision is part of a somewhat curious series of decisions by the Court in the same matter. The Facts In 2001, Claimant and Respondents had entered into a partnership under the German…
The International Arbitration Association (IAA) at Penn Law will host the Contemporary Issues & Emerging Trends in International…
The Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) was founded in 1917. It is part of…
Last February 9, the Second Section of the Brazilian Superior Court of Justice (STJ), the highest court for non-constitutional matters, has suspended an execution lawsuit (ação de execução) based on a contract due to the existence of an arbitration discussing such contract[1]. The construction company filed before the 1st Civil Court of the city of Belém an execution lawsuit (execução de título extrajudicial), which is a fast track judicial procedure for enforcement of outstanding liquidated…