North America Archives

In Costs

U.S.: District court grants petition to confirm foreign arbitral award and awards attorneys’ fees.

June 17, 2019 by 3 Mins Read

Eolica Tres Mesas, S. de R.L. de C.V. v. Abengoa Mexico S.A. de C.V., No. 1:18-cv-07505 (S.D.N.Y. Feb. 28, 2019) [click for opinion] In June 2014, Eolica Tres Mesas, S. de R.L. de C.V. and Eolica Tres Mesas 2, S. de R.L. de C.V. (“Eolica”) entered into a subcontractor relationship with general contractor Abengoa Mexico S.A. de C.V. (“Abengoa”) under a Balance of Plant Agreement (“BOP Agreement”) relating to the development of a 45-turbine wind…

In North America

U.S.: District court confirms an arbitration award by an appellate panel that overturned the original award.

June 6, 2019 by 4 Mins Read

Hamilton v. Navient Solutions, LLC, No. 18-cv-5432 (S.D.N.Y. Feb. 14, 2019) [click for opinion] Lucin Hamilton obtained a…

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.

June 4, 2019 by David Zaslowsky 3 Mins Read

Lamps Plus, Inc. v. Varela, No. 17–988, __ U.S. __ (April 24, 2019) [click for opinion] In 2016, a…

In Arbitration Agreements

U.S.: District court refuses to stay a New York arbitration proceeding between French and German companies despite a pending arbitration in Paris, and requires participation by a non-signatory to the arbitration agreement.

June 3, 2019 by 4 Mins Read

Safran Elec. & Defense SAS v. iXblue SAS, No. 1:18-cv-07220 (S.D.N.Y. Feb. 6, 2019) [click for opinion] In 1993, the predecessor of iXblue SAS (“iXblue), a navigation imaging company organized in France, licensed certain fiber-optic gyroscope (“FOG”) “know how” to the predecessor of Safran Electronics & Defense SAS (“SED”), a French avionics and electronics supplier. The license agreement contained an arbitration clause covering any disputes arising between the parties related to the agreement. That clause…

In Arbitration Agreements

U.S.: District court denies motion to compel arbitration of Defendants’ counterclaims when Plaintiffs intentionally delayed seeking arbitration, thereby waiving their right to arbitration.

May 23, 2019 by David Zaslowsky 3 Mins Read

HTC Corp. v. Telefonaktiebolaget LM Ericsson, No. 6:18-CV-00243-JRG (E.D. Tex. Jan. 22, 2019) [click for opinion] Before the…

In Asia-Pacific

FIDIC Emerald Book Published for Underground Work

May 22, 2019 by Ismail G. Esin, Dr. Urs Zenhäusern, Ali Selim Demirel and Ceyda Sıla Çetinkaya 2 Mins Read

The Fédération Internationale des Ingénieurs-Conseils (FIDIC), in association with the International Tunnelling and Underground Space Association (ITA-AITES), launched…

In Asia-Pacific

International Arbitration Yearbook, 12th Edition – now available!

April 24, 2019 by Steve Adams 1 Min Read

We are pleased to announce that the twelfth edition of The Baker McKenzie International Arbitration Yearbook is now available. This edition reviews important developments in arbitration in the past year across 45 jurisdictions, including changes to the settlement of investor-State disputes, the ongoing uncertainty around the future of intra-EU BITs following the European Court of Justice’s decision in Achmea, the continued push for procedural efficiency, and revised national laws relating to the funding of arbitration…

In Arbitration Procedure

Thinking ahead: What to consider prior to arbitration when securing warranties and indemnities under SPAs

April 18, 2019 by 5 Mins Read

In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain…

In North America

U.S.: District court grants application for discovery pursuant to 28 U.S.C. § 1782 in aid of foreign arbitration, criminal and liquidation proceedings.

April 16, 2019 by Andrew Riccio 4 Mins Read

In re Application of the Children’s Inv. Fund Found. (UK), Sir Christopher Hohn, and Axon Partners, LP for…

In Arbitrability

U.S.: District court recognizes as preclusive final, non-appealable Singapore judgment holding that parties had no agreement to arbitrate.

April 15, 2019 by 4 Mins Read

China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15, 2019) [click for opinion] Through a series of subcontracts, Big Port Service DMCC (“BPS”) supplied marine fuel oil to a vessel owned by CSCL Container Lines Co. Ltd. (“CSCL”). After one of the intermediary contractual parties’ affiliates filed for bankruptcy, BPS sought payment of its outstanding invoice directly from CSCL. However, BPS’s contract to supply the fuel—and…