Consent to Arbitrate Archives

In USA

Second Circuit decides that provider of “buy now, pay later” service afforded online purchasers clear and conspicuous notice of an arbitration agreement and that purchaser unambiguously manifested assent to that agreement

January 31, 2024 by David Zaslowsky and Reese Griffin 3 Mins Read

Edmundson v. Klarna, S.A., No. 22-557-cv, 85 F. 4th 695 (2d Cir. 2023)[1] Factual Background Klarna, Inc. offers online shoppers the opportunity to purchase products and, free of any interest or fees, repay Klarna for the balance in regular instalments. Najah Edmundson used those services in 2021, and Klarna collected the instalments from her checking account shortly thereafter. Edmundson’s account balance, however, was deficient at the time of collection, so the financial institution associated with her…

In Arbitration Agreements

Supreme Court of Canada finds Uber arbitration clause is unconscionable

March 22, 2021 by Christina Doria and Brittany Shales 8 Mins Read

In Uber Technologies Inc. v. Heller, 2020 SCC 16 (“Uber v. Heller”) the Supreme Court of Canada upheld…

In Applicable Law

The Paris Court of Appeal confirms arbitrators’ application of UNIDROIT principles in the absence of a choice by the parties as a ruling in law

May 11, 2020 by Karim Boulmelh 6 Mins Read

Paris Court of Appeal, 25 February 2020, No. 17/18001 Prakash Steelage Ltd. (“Prakash Steelage” or “Respondent”), an Indian…

In Arbitration Procedure

Brought to the party: the English Court’s jurisdiction over non-party witnesses in arbitral proceedings

May 3, 2020 by 9 Mins Read

The Court of Appeal has confirmed that the Court has jurisdiction to compel the evidence of third party witnesses in arbitration proceedings under s. 44(2)(a) of the Arbitration Act 1996. However, the Court’s jurisdiction against third parties in respect of other powers under s. 44 remains an open question for future judicial development. Introduction England and Wales has long been known as an arbitration-friendly jurisdiction. That reputation is in part founded upon the tools available…

In Arbitrability

Second Circuit Court: Non-party class members bound by arbitrator’s determination on class arbitrability

January 23, 2020 by David Zaslowsky 3 Mins Read

In a recent decision (Jock v. Sterling Jewelers Inc., No. 18-153-cv (2d Cir. Nov. 18, 2019)), the United…

In Arbitration Agreements

U.S.: Eleventh Circuit upholds enforceability of a mandatory arbitration provision in a shrinkwrap agreement on shingle packaging.

February 7, 2019 by 3 Mins Read

Dye v. Tamko, No. 17-14-052 (11th Cir. Nov. 2, 2018) [click for opinion] Two Florida residents purchased the same…

In Consent to Arbitrate

Turkey: “Mandatory Mediation” Not Mandatory For Parties Who Choose Arbitration

January 15, 2019 by Global Arbitration News 2 Mins Read

Recent Development The Law on the Execution Proceedings for the Collection of Monetary Receivables Arising out of Subscription Agreements No. 7155 (”Law”) was published in the National Gazette on December 19, 2018. The Law regulates the mediation process as a threshold requirement for commercial cases to be heard as of January 1, 2019. What’s New? Article 20 of the Law stipulates that the parties must have triggered the mediation process before applying to commercial courts…

In Arbitration Agreements

U.S.: District court holds it has personal jurisdiction over non-signatory to an arbitration agreement.

December 5, 2018 by Kyle Olson and David Zaslowsky 4 Mins Read

Recom Corp. v. Miller Bros., No. 16-3320, (D.N.J. Aug. 16, 2018) [click for opinion] In June 2014, electrical…

In Arbitration Agreements

U.S.: District court dismisses class action based on Telephone Consumer Protection Act upon finding that users of the Uber app agreed to arbitrate claims.

December 3, 2018 by 4 Mins Read

Johnson v. Uber Technologies, Inc., No. 16 C 5468 (N.D. III. Sep. 20, 2018) [click for opinion] Plaintiff…

In Applicable Law

EU Court thwarts prompt ratification of EU-Singapore Free Trade Agreement

May 30, 2017 by Richard Allen 8 Mins Read

In a legal Opinion handed down on 16 May 2017, the Court of Justice of the European Union (“CJEU”) declared that the free trade agreement signed between the EU and Singapore in June 2015 cannot be ratified without the approval of all 38 of the EU’s national and regional parliaments. Given the broad subject-matter of the agreement, including potentially controversial provisions regarding investor-State dispute settlement, might this decision spell the end of the EU’s fledgling…