Dye v. Tamko, No. 17-14-052 (11th Cir. Nov. 2, 2018) [click for opinion] Two Florida residents purchased the same type of “Heritage 30” shingles (hereinafter “the shingles”) from Tamko Building Products (“Tamko”) for their respective roofs. The shingles came with a 30-year limited warranty, the language of which was printed in full on the outside wrapper of each shingle package. This limited warranty contained a mandatory arbitration clause that was also printed in its entirety, and…
In re Servotronics, Inc., No. 2:18-mc-00364-DCN (D.S.C. Nov. 6, 2018) [click for opinion] Plaintiff Rolls-Royce manufactured an engine…
Diag Human S.E. v. Czech Republic – Ministry of Health, 907 F.3d 606 (D.C. Cir. Oct. 26, 2018) [click…
Asia Pacific Australia Final report of government inquiry into banking and financial services A Government inquiry is examining standards and misconduct in the banking and financial services industry, with a final report due by 1 February 2019. Financial institutions have already been served with legal proceedings (including class actions) arising from the inquiry, which is expected to continue. First year of Trans-Pacific Partnership Australia has ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, along…
We are seeing increasing efforts between states and between courts to co-operate over enforcement of judgments. This is…
The ICC committed itself to make arbitration proceedings more efficient and transparent. To reach this objective, the institution…
To paraphrase Pharaoh Ramses II, so it is written, so it shall be done. In Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. __ (January 8, 2019), the first opinion by Justice Kavanaugh, a unanimous Supreme Court reiterated this principle of the Federal Arbitration Act. Specifically, the Court confirmed that when an arbitration agreement delegates to an arbitrator the question of whether the agreement applies to a particular dispute, courts have no power to decide…
Governments around the world are becoming increasingly aware of the competition that exists for international disputes work, between…
In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in…
Outokumpu Stainless USA, LLC, et al. v. Converteam SAS, No. 17-10944 (11th Cir. 2018) [click for opinion] Plaintiff Outokumpu Stainless, LLC (“Outokumpu”), through its predecessor ThyssenKrupp Stainless USA LLC, entered into three agreements to purchase from a company called Fives three “cold running mills” (“CRMs”) (the “Contracts”). All three Contracts contained arbitration clauses. They also contained a provision stating that the terms would be binding on subcontractors. Fives entered into a subcontract with GE Energy…