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A. LEGISLATION AND RULES A.1       Legislation The United States has arbitration-related legislation at both the federal (national) and state levels. The Federal Arbitration Act (FAA) of 1925 continues to be the controlling federal arbitration statute and reflects a well-established national policy that strongly favors arbitration as an alternate means of dispute resolution. There was one significant change to the FAA this past year. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA)[1]…

Introduction It is this time of the year again: most major arbitration institutions have published[1] their statistical reports, giving us the opportunity to take a closer look at their numbers. As usual[2], we start off comparing the caseload of various arbitration institutions. We then examine other relevant data such as the total amount in dispute, the number of emergency or expedited procedure applications, arbitrator challenges, and figures on diversity to understand the direction arbitration is…

Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua, S.A.B. de C.V., No. 1:15-cv-02120-JLK (D. Colo. Apr. 30, 2021) [click for opinion] In 2005, Compañía de Inversiones Mercantiles S.A. (“CIMSA”), Grupo Cementos de Chihuahua, S.A.B. de C.V. (“GCC S.A.B.”) and GCC Latinoamérica, S.A. de C.V. (“GCC Latinoamérica,” and collectively “GCC”) executed a shareholder’s agreement under which they each obtained a right of first refusal of shares in a mutually held Bolivian cement company. In…

Copragi S.A. v. Agribusiness United DMCC, No. 20 Civ. 5486 (LGS) (S.D.N.Y. Mar. 15, 2021) [click for opinion] In August of 2013, Petitioner, Copragi S.A. (“Copragi”), a Moroccan entity, and Respondent, Agribusiness United DMCC (“Agribusiness”), a citizen of the United Arab Emirates, entered into two contracts for grain cargoes (collectively, the “Sales Agreements”). The Sales Agreements contained a Grain and Free Trade Association (“GAFTA”) arbitration provision, dictating that any disputes regarding the Sales Agreements be…