On June 1, 2020, in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, the US Supreme Court ruled, in a unanimous opinion, that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) permits a non-signatory to an arbitration agreement to compel arbitration based on the doctrine of equitable estoppel, declining to accept Outokumpu’s invitation to treat international arbitration agreements differently from domestic arbitration agreements. Outokumpu,…
Section 1782 of Title 28 of the U.S. Code is a very powerful tool that authorizes the obtaining…
In Galilea, LLC v. AGCS Marine Ins. Co., No. 19-CV-05768 (VEC) (S.D.N.Y. Dec. 16, 2019), Petitioners, Galilea, LLC…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This year, in recognition of both our clients’ preferences for soft copy material and our commitment to sustainability, the Yearbook is being published electronically via our Global Arbitration News blog, rather than in hard copy. This new edition reviews important developments in arbitration over the past year across 43 jurisdictions, including: The increasing use of artificial…
In Monster Energy Co. v. City Beverages, LLC, Nos. 17-55813 & 17-56082 (9th Cir. Oct. 22, 2019), the…
In Sladjana Cvoro v. Carnival Corp., [941 F.3d 487 (11th Cir. 2019)], the United States Court of Appeals…
We are pleased to inform you that The Year Ahead 2020 – our publication looking at key developments in global litigation and arbitration for the coming year – is now available to read and download at: https://bakermckenzie.turtl.co/story/the-year-ahead-2020 The report looks at major themes for 2020 and highlights future developments in 26 jurisdictions. The report is a helpful tool to understand what trends are emerging and what is around the corner. This guide has been compiled by…
CANADA Matthew Latella and Christina Doria A. LEGISLATION AND RULES A.1 Legislation International arbitration in Canada is, for…
UNITED STATES A. LEGISLATION AND RULES A.1 Legislation The United States is a federal jurisdiction with arbitration-related legislation…
Abstract: Fifth Circuit finds no clear and unmistakable intent to delegate arbitrability to the arbitrators for issues subject to a carve-out in the arbitration clause – Archer and White Sales, Inc. v. Henry Schein, Inc., No. 16-41674 (5th Cir. Aug. 14, 2019). In January 2019, the United States Supreme Court determined that the “wholly groundless” exception to enforcing an arbitration agreement, upon which the motion to compel arbitration in this case had previously been denied,…