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USA: Appellate court reverses the trial court’s order granting motion to withdraw from arbitration and litigate in state court as otherwise permitted under California Code of Civil Procedure section 1281.97

by 3 Mins Read

Hernandez v. Sohnen Enterprises, Inc., 102 Cal. App. 5th 222 (2024), reh’g denied (June 3, 2024)[1] Factual Background In 2016, Plaintiff Massiel Hernandez (“Hernandez”) executed an arbitration agreement with Defendant Sohnen Enterprises, Inc. (“Sohnen”), that stated, “This Agreement is governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. [section] 1, et seq.” On July 16, 2021, Hernandez filed a complaint against Sohnen for disability discrimination, Labor Code violations, and related causes of action. On November 8, 2021,…

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In USA

Second Circuit decides that provider of “buy now, pay later” service afforded online purchasers clear and conspicuous notice of an arbitration agreement and that purchaser unambiguously manifested assent to that agreement

by 3 Mins Read

Edmundson v. Klarna, S.A., No. 22-557-cv, 85 F. 4th 695 (2d Cir. 2023)[1] Factual Background Klarna, Inc. offers online shoppers the opportunity to purchase products and, free of any interest or fees, repay Klarna for the balance in regular instalments. Najah Edmundson used those services in 2021, and Klarna collected the instalments from her checking account shortly thereafter. Edmundson’s account balance, however, was deficient at the time of collection, so the financial institution associated with her…

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In USA

District court rules that it cannot compel arbitration where parties contracted to arbitrate pursuant to now-defunct DIFC LCIA Rules

by 3 Mins Read

Baker Hughes Saudi Arabia Co. v. Dynamic Industries, Inc., Civ. A. No. 2:23-cv-1396 (E.D. La. Nov. 6, 2023)[1] Factual Background Plaintiff Baker Hughes Saudi Arabia Co. Ltd. (“Baker Hughes”) contracted with Dynamic Industries Saudi Arabia, Ltd. (and other related Dynamic Industries entities named in the case as Defendants (collectively, “Dynamic”)) to supply materials, products, and services for an energy project Dynamic was working on in Saudi Arabia. The parties’ contract required that disputes, if not…

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In USA

District court holds that the three-month deadline to file a motion to vacate under the FAA is triggered by an arbitrator’s “final award” despite subsequent motions for clarification

by and 4 Mins Read

First Kuwaiti Gen. Trading & Contracting W.L.L. v. Kellogg Brown & Root Int’l, Inc., No. 1:23-mc-1 (E.D. Va. May 12, 2023)[1] Factual Background Petitioner First Kuwaiti General Trading & Contracting W.L.L. (“FKTC”) and Respondent Kellogg Brown & Root International, Inc. (“KBR”) entered into various logistics contracts during the invasion of Iraq in 2003. FKTC experienced increased costs while performing some of the work, which was memorialized by two change orders, and KBR agreed to reimburse…

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