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Eleventh Circuit holds that a non-signatory to an arbitration agreement who signs Terms of Reference explicitly consenting to arbitrate the issue of arbitrability is bound by the arbitral tribunal’s jurisdictional determination and the resulting award

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Pott v. World Cap. Props., Ltd., No. 24-13071 (11th Cir. Sept. 24, 2025)[1] Factual Background Alfredo Carlos Pott entered into a Stock Option Agreement (“SOA”) with World Capital Properties, Ltd. (“WCP”) containing an International Chamber of Commerce (“ICC”) arbitration clause. Gonzalo Lopez-Jordan was not a signatory to the SOA. When Pott later filed an ICC arbitration naming Lopez-Jordan as a respondent, Lopez-Jordan objected to the tribunal’s jurisdiction over him as a non-signatory. However, Lopez-Jordan, through…

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In USA

Eleventh Circuit holds that subrogees of plant owner are third-party beneficiaries of contract subject to arbitration, and that incorporation of ICC Rules indicates delegation of questions of arbitrability to arbitrators

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Factual Background Litigation ensued after a catastrophic turbine failure at the Hadjret En Nouss Power Plant (the “Plant”) in Tipaza, Algeria. Various insurers, reinsurers, and retrocessionaires (collectively, the “Insurers”) initiated litigation as subrogees of the plant owner, Shariket Kahraba Hadjret En Nouss (“SKH”). SNC-Lavalin Constructeurs International Inc. (“SNC”) had operated the Plant on behalf of SKH, and had entered a Services Contract and various other contracts with General Electric International, Inc. and other GE entities…

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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – United States

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A. LEGISLATION AND RULES A.1 Legislation The United States is a federal jurisdiction that has arbitration-related legislation at both the federal (national) and state levels. The Federal Arbitration Act (FAA) of 1925 continues to be the controlling federal arbitration statute and reflects a well-established national policy that strongly favors arbitration as an alternate means of dispute resolution. On a bipartisan, bicameral basis, Congress agreed on a draft national data privacy standard, the American Privacy Rights…

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In USA

Fifth Circuit holds that, in determining specific personal jurisdiction in a confirmation proceeding, a district court should consider a party’s forum contacts related to the underlying dispute that resulted in the arbitration

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Conti 11. Container Schiffarts-GMBH & Co. KG M.S. v. MSC Mediterranean Shipping Co. S.A., 91 F.4th 789 (5th Cir. 2024)[1] Factual Background In November 2000, Mediterranean Shipping Company (“MSC”), a Swiss corporation based in Geneva, chartered M/V FLAMINIA, a cargo vessel, from Conti, a German corporation. The charter agreement required all disputes arising thereunder to be arbitrated in London. From 2000 to 2012, MSC operated the FLAMINIA without issue. In June 2012, a Houston-based employee of…

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