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In Asia-Pacific

The Year Ahead – Co-operation: States and their courts are increasing efforts to co-operate over enforcement of judgments

by 5 Mins Read

We are seeing increasing efforts between states and between courts to co-operate over enforcement of judgments. This is long-overdue when compared to efforts for arbitration. The New York Convention represents an agreement by 159 states to give effect to private agreements to arbitrate, and to enforce foreign arbitration awards. In 2018, it reached its 60th anniversary, and it arguably stands as the world’s most successful treaty in private international law. Cross-border enforcement of court judgments…

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In Asia-Pacific

The Year Ahead – Competition: Governments are increasingly aware of the competition for international disputes work

by 4 Mins Read

Governments around the world are becoming increasingly aware of the competition that exists for international disputes work, between and amongst national courts and arbitral institutions. Whilst some courts, such as in England and the US, have long dealt in international cases, other jurisdictions are seeking to win a greater share. In 2006, Dubai opened specialist English-language courts in the DIFC, followed in 2009 by the Qatar International Court, in 2015 by the Singapore International Commercial…

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In Arbitration Agreements

US: District court denies motion to compel arbitration because Defendant was a non-signatory to the relevant arbitration agreement and Plaintiff did not meet its burden in showing that it was acting as agent for one of the other signatories.

by and 4 Mins Read

Thompson v. AT&T Serv., Inc., No. 17 C 3607 (N.D. III. Sept. 24, 2018) [click for opinion] Plaintiff brought suit against several Defendants, including AT&T Services, Inc. (“AT&T”), Illinois Bell, and Sutherland Global Services, Inc. (“Sutherland”), for allegedly making unsolicited calls to Plaintiff in violation of the Telephone Consumer Protection Act (“TCPA”). AT&T allegedly contracted with Sutherland to call AT&T customers. Plaintiff alleges that he received multiple unsolicited calls from Sutherland’s using an automatic telephone dialing system, which…

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In Arbitration Agreements

U.S.: New Jersey appellate court holds that arbitration clause failed to include sufficiently clear waiver of Plaintiff’s right to litigate claims in court and reverses order dismissing complaint and compelling arbitration.

by 3 Mins Read

Kiraly v. Forcepoint, Inc., No. A-2676-17T1 (N.J. Super. Ct. App. Div. Oct. 2, 2018) [click for opinion] In January 2015, Plaintiff was hired by Defendant Forcepoint, Inc. as a member of its sales force. In November 2015, Plaintiff was terminated. Plaintiff brought an action under the New Jersey Law Against Discrimination and also brought a common law claim for malicious interference with economic relations. In her complaint, Plaintiff alleged sexual harassment, gender discrimination, and a hostile…

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