Abstract: District court holds non-signatory to three arbitration agreements is not bound to arbitrate because it did not merge with signatories’ parent company, but became a wholly owned subsidiary, which is a distinct legal entity – Rossisa Participações S.A. v. The Reynolds and Reynolds Co., No. 3:18-cv-00297 (S.D. Ohio Sept. 6, 2019).Petitioners purchased an electronic system for data processing in 1997 pursuant to three contracts signed with three different entities: Universal Computer Software, Ltd. (“Software…
International Engineering & Construction S.A. v. Baker Hughes, a GE Company, LLC, No. 18-cv-9241 (S.D.N.Y. Aug. 13, 2019)…
Dialysis Access Center, LLC v. RMS Lifeline, Inc. No. 17-2014 (1st Cir. Aug. 1, 2019) Appellant Dialysis Access…
Welcome to Arb Week New York is the leading center for international arbitration in the United States and one of the leading arbitral centers in the world. New York’s diverse and welcoming business and cultural environment supports a sophisticated arbitration community that also benefits from a court system that prides itself on its long tradition of sustaining party autonomy in contractual relations. New York’s inaugural Arbitration Week will bring together arbitration advocates, neutrals and academics…
Superior Energy Services Columbia S.A.S. v. Premium Petroleum Services S. de R.L., No. 18-cv-7704 (S.D.N.Y. June 28, 2019)…
Stemcor USA Inc. v. CIA Siderurgica Do Para Cosipar, No. 2018-CQ-1728 America Metals Trading L.L.P. (“AMT”) and South…
In Micula v. Romania,[1] a D.C. district court judge recently enforced an investor-state arbitration award in a case brought by nationals of a European Union (“EU”) state against another EU state. This is the first decision by a U.S. court concerning enforcement of an “intra-EU” investment treaty award since the European Court of Justice’s decision in the Achmea case[2] last year, which held that such awards are not enforceable. Several cases seeking enforcement of intra-EU…
20/20 Communications, Inc. v. Crawford, No. 18-10260 (5th Cir. July 22, 2019) 20/20 Communications, Inc. (“20/20”), a direct-sales…
Jolen, Inc. v. Kundan Rice Mills, Ltd., No. 19-cv-01296 (S.D.N.Y. July 9, 2019) [click for opinion] In November…
In Tennant Energy LLC (USA) v. Government of Canada (PCA Case No. 2018-54), a NAFTA tribunal addressed the reach of the General Data Protection Regulation 2016/679 (“GDPR”). The EU-Regulation, which came into force in May 2016, introduced extensive obligations on data processors and data controllers. Since then, the Regulation has raised many questions. The tribunal now dealt with the question of whether the EU-Regulation affects arbitration under the North American Free Trade Agreement. Background On…