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Canada: Enforceability of Arbitration Clauses in Insolvency Proceedings

by and 5 Mins Read

On June 10, 2021, the Supreme Court of Canada granted leave to appeal a decision with implications for the enforceability of alternative dispute resolution clauses in insolvency proceedings in Canada. Background In Petrowest Corp. v. Peace River Hydro Partners, a receiver was appointed over Petrowest under Canada’s federal Bankruptcy and Insolvency Act (“BIA”). In this case, the receiver later assigned the company into bankruptcy and was also acting as its bankruptcy trustee. The receiver/trustee commenced…

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In North America

Sixth Circuit holds that the “amount in controversy” in a petition to challenge an arbitration award is the amount sought in the arbitration, not the amount awarded.

by 2 Mins Read

Hale v. Morgan Stanley Smith Barney LLC, No. 20-33412 (6th Cir. Dec. 15, 2020) [click for opinion] Dissatisfied with several disciplinary actions taken against him at work, Plaintiff Richard Hale sought recourse against his employer, Defendant Morgan Stanley Smith Barney LLC (“Morgan Stanley”). Hale brought a case in arbitration, but the arbitrator awarded no damages. Hale then filed suit seeking to vacate the arbitration award pursuant to the Federal Arbitration Act (the “FAA”). The FAA…

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In North America

District court confirms arbitration award of $2 million in fees and costs to prevailing party and refuses sanctions against petitioner who sought to vacate the award

by and 4 Mins Read

Cognac Ferrand S.A.S. v. Mystique Brands LLC, No. 20 Civ. 5933 (S.D.N.Y. Jan. 31, 2021) [click for opinion] In 2008, Petitioner and Cross-Respondent Cognac Ferrand S.A.S (“Ferrand”), a French producer of liquor and spirits, entered into an exclusive marketing agreement with Respondent and Cross-Petitioner Mystique Brands LLC (“Mystique”). In the agreement, Mystique agreed to purchase certain minimum amounts of Ferrand’s products each year and to enter into a marketing agreement with Calvin Broadus a/k/a Snoop…

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In All time favorite

International Arbitration Yearbook, 14th Edition – now available!

by 1 Min Read

We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This new edition reviews important developments in arbitration over the past year across 47 jurisdictions, including: The effects of COVID-19 on international arbitration;New arbitral rules from major institutions such as the LCIA and ICC;The increasing use of artificial intelligence and technology in arbitration; andthe ongoing uncertainty around the future of intra-EU BITs following the European Court of…

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