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In Arbitration Agreements

U.S.: District court compels arbitration based on Defendant’s practice of including in its “self install” kits a subscriber agreement with an arbitration clause.

by 2 Mins Read

Zacher v. Comcast Cable Commc’ns, No. 17-cv-7256 (N.D. Ill. June 20, 2018) [click for opinion] Plaintiff brought a putative class action alleging that Comcast violated the Telephone Consumer Privacy Act when it called his cellular telephone “looking for the account holder for a specific address.” Comcast moved to compel arbitration on the basis that Zacher previously agreed to arbitrate all such disputes through his customer agreements with Comcast. In support of its motion, Comcast submitted…

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In North America

U.S.: District court confirms arbitration award, rejecting petitioners’ assertion that the arbitrator committed manifest injustice in declining to apply Korean law.  

by 6 Mins Read

KT Corp. v. ABS Holdings, LTD., No. 1:17-cv-07859 (S.D.N.Y. Apr. 10, 2018) [click for opinion] KT Corp. (“KT”), a Korean firm, and ABS Holdings (“ABS”), a Bermuda company doing business in Hong Kong, entered into a purchase agreement providing that KT would sell a geostationary satellite to ABS known as the KOREASAT-3 (“KS-3”). The Purchase Agreement stated that KT was obligated to “obtain all necessary licenses, consents and approvals for the sale of the Satellite…

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In Arbitration Agreements

U.S.: Supreme Court holds that class and collective action waivers in employment arbitration agreements are enforceable under federal labor law and the Federal Arbitration Act.

by 4 Mins Read

Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018) [click for opinion] In these three consolidated cases, Plaintiff-Employees brought class action suits against their employers for unpaid wage claims under the Fair Labor Standards Act of 1935, despite having entered into mandatory individual arbitration agreements that waived their right to collective and class actions for any employment-related disputes. Plaintiffs, and the National Labor Relations Board, took the position that class action waivers in individual…

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In Applicable Law

U.S.: District court judgment vacating award overturned for failure to apply CISG and to consider extrinsic evidence of the parties’ agreement to arbitrate.

by 3 Mins Read

Transmar Commodity Group Ltd. v. Cooperativa Agraria Industrial Naranjillo Ltda., No. 16-3532-cv (2d Cir. May 9, 2018) [click for opinion] In 2013, Transmar Commodity Group Ltd. (“Transmar”) and Cooperativa Agraria Industrial Naranjillo Ltda. (“Naranjillo”) entered into six nearly identical contracts for the delivery of cocoa butter. A dispute arose when Naranjillo defaulted on its obligations under the agreements. An arbitral tribunal was convened to resolve the dispute pursuant to the Cocoa Merchants’ Association of America,…

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