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In Arbitration Agreements

U.S.: New York Supreme Court holds that when a parties’ agreement specifically incorporates or references arbitration rules that give the tribunal the authority to rule on its own jurisdiction, courts should allow the arbitrators to decide validity issues.

by 3 Mins Read

Footprint Power Salem Harbor Dev., L.P. v. Iberdrola Energy Products, Inc., Index No. 651963/2018 (NY Sup. Ct. May 1, 2018) [click for opinion] Footprint Power Salem Harbor Development, LP (“Footprint”) entered into an Engineering, Procurement and Construction Contract (the “EPC Contract”) with Iberdrola Energy Products, Inc. (“Iberdrola”) for the construction of a power station in Massachusetts. Footprint later terminated the EPC Contract for cause. Iberdrola began an arbitration proceeding before the International Centre for Dispute…

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In Arbitrability

U.S.: Second Circuit affirms bankruptcy and district court decisions to deny motion to compel arbitration given the conflict between arbitration and the Bankruptcy Code.

by 4 Mins Read

Anderson v. Credit One Bank, N.A. (In re Anderson), 884 F.3d 382 (2d Cir. 2018) [click for opinion] Plaintiff was a credit card holder with Credit One Bank, N.A.’s predecessor (the “Bank”). On March 12, 2012, the Bank “charged off” Plaintiff’s outstanding credit card debt; that is, the Bank changed those debts in its books from a receivable to a loss. The Bank then sold Plaintiff’s debt to a third-party buyer, and externally reported the…

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In North America

U.S.: District court holds arbitration awards entered by parties’ consent are subject to the New York Convention.

by 3 Mins Read

Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., No. H-17-2623 (S.D. Tex. Mar. 12, 2018) [click for opinion] Petitioners, Transocean Offshore Gulf of Guinea VII Ltd and Indigo Drilling Ltd, participated in an arbitration against Respondent, Erin Energy Corp., before the London Court of International Arbitration (the “LCIA”) arising from a contract providing for drilling off the coast of Nigeria. Before the arbitration hearings took place and any decisions made by the…

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In Asia-Pacific

LCIA publishes its facts and figures: The 2017 Casework Report

by and 6 Mins Read

The London Court of International Arbitration (the “LCIA”) has recently published its Casework Report for 2017 which contains statistics on its performance last year.[1] The report makes for an interesting comparison with the 2016 report.[2] This article examines the LCIA’s 2017 figures, making comparisons also with those of the International Chamber of Commerce (the “ICC”),[3] where appropriate. Caseload The LCIA received 303 referrals in 2016, 253 of which fell under the LCIA rules (LCIA acting…

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