Search for:
Category

USA

Category
In USA

Eleventh Circuit holds that subrogees of plant owner are third-party beneficiaries of contract subject to arbitration, and that incorporation of ICC Rules indicates delegation of questions of arbitrability to arbitrators

by and 3 Mins Read

Factual Background Litigation ensued after a catastrophic turbine failure at the Hadjret En Nouss Power Plant (the “Plant”) in Tipaza, Algeria. Various insurers, reinsurers, and retrocessionaires (collectively, the “Insurers”) initiated litigation as subrogees of the plant owner, Shariket Kahraba Hadjret En Nouss (“SKH”). SNC-Lavalin Constructeurs International Inc. (“SNC”) had operated the Plant on behalf of SKH, and had entered a Services Contract and various other contracts with General Electric International, Inc. and other GE entities…

Read More
In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – United States

by and 26 Mins Read

A. LEGISLATION AND RULES A.1 Legislation The United States is a federal jurisdiction that 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. On a bipartisan, bicameral basis, Congress agreed on a draft national data privacy standard, the American Privacy Rights…

Read More
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 and 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…

Read More
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…

Read More
Load More