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In North America

Ninth Circuit found that arbitration award and confirmation by a district court barred plaintiff from pursuing action based on the doctrine of claim preclusion, under Florida law.

by 3 Mins Read

NTCH-WA, Inc. v. ZTE Corp., No. 17-35833 (9th Cir. Apr. 25, 2019) NTCH-WA, Inc. is one of a number of affiliates that operate together under the name “ClearTalk” and offer prepaid and flat-rate cell phone service to customers with poor credit or who otherwise cannot open accounts with major cell phone providers. The ClearTalk entities filed suit in California against ZTE Corp.’s wholly-owned subsidiary, ZTE USA, for breach of contract and other related causes of…

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In North America

U.S.: . Ninth Circuit holds that settlement agreement entered as an order by a purported arbitrator, without attendant arbitral proceedings, is not a foreign arbitral award under the New York Convention.

by and 4 Mins Read

Castro v. TriMarine Fish Co. LLC, No. 17-35703 (9th Cir. Feb. 27, 2019) [click for opinion] Plaintiff Castro was injured while working as a deck hand aboard a fishing vessel owned by Defendants, several TriMarine companies (collectively referred to as “TriMarine”). Castro, a citizen of the Philippines who had relocated to American Samoa, had an employment agreement with TriMarine calling for arbitration in, and subject to the procedural rules of, American Samoa. After his injury,…

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In North America

U.S.: District court stays enforcement proceedings pending foreign appeal of the arbitral award.

by and 4 Mins Read

Gretton Ltd. v. Republic of Uzbekistan, No. 18-cv-01755 (D.D.C. Feb. 6, 2019) [click for opinion] Petitioner, Gretton Ltd. (“Gretton”), is a litigation funder. Following the alleged expropriation of two gold-mining operations run by Oxus Gold PLC (“Oxus”) in the Republic of Uzbekistan, Gretton funded an arbitration on behalf of Oxus in return for an assignment of the proceeds of any award. In 2015, an arbitral panel sitting in Paris found Uzbekistan liable for approximately $10…

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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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