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In Equicare Health Inc. v. Varian Med. Sys.,[1] the District Court for the Northern District of California vacated arbitration award due to evident partiality because one of the arbitrators failed to disclose that he was a former client of the attorneys for one of the parties to the arbitration. Factual Background Equicare Health Inc. (“Equicare”) and Varian Medical Systems, Inc. (“Varian”) entered into a contract under which Varian agreed to make a “reasonable commercial effort”…

Telecom Bus. Sols., LLC v. Terra Towers Corp., No. 22-cv-1761 (S.D.N.Y. Jan. 18, 2023)[1] Factual Background In 2015, Telecom Business Solutions, LLC, LATAM Towers, LLC and AMLQ Holdings (Cay) Ltd. (collectively, “Petitioners”) entered into a shareholders agreement (the “SHA”) with Terra Towers Corp. and TBS Management (collectively, “Terra”) to co-own and operate Continental Towers LATAM Holdings, Ltd. (the “Company”). Pursuant to the agreement, the Company developed and operated telecommunication towers in Central and South America.…

In re Application of Alpene, Ltd., No. 21 MC 2547 (E.D.N.Y. Oct. 27, 2022)[1]Factual Background Alpene, Ltd., a Hong Kong corporation, was the claimant in an investor-state treaty arbitration against the Republic of Malta before the World Bank’s International Centre for the Settlement of Investment Disputes (“ICSID”). Alpene initiated a proceeding in district court in New York requesting an order authorizing subpoenas for documents and testimony from an individual residing in New York in connection…

In Lavvan, Inc. v. Amyris, Inc., No. 21-1819 (2d Cir. Sept. 15, 2022),[1] the Second Circuit affirmed order denying motion to compel arbitration, holding that there was not clear and unmistakable evidence in the parties’ contract of an intent to arbitrate arbitrability and that the appellant’s claims were not subject to arbitration. Factual Background Plaintiff-Appellee Lavvan, Inc. (“Lavvan”) brought an action against Defendant-Appellant Amyris, Inc. (“Amyris”) in district court, claiming both trade secret misappropriation under the Defend Trade…