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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – United States

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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…

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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

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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

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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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Tenth Circuit: failure to follow the procedural requirements of Article IV of the New York Convention raises a merits issue rather than a jurisdictional issue

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Baker Hughes Servs. Int’l, LLC v. Joshi Technologies Int’l, Inc., Nos. 21-5072 and 21-5081 (10th Cir. July 13, 2023)[1] Plaintiff, Baker Hughes Services International LLC (“Baker Hughes”), after winning an Ecuadorian arbitration against the Ecuador-based Pesago Consortium, secured an arbitral award enforceable jointly and severally against the Consortium’s two members—Joshi Technological International, Inc. (“Joshi”) and third-party Campo Puma Oriente S.A. Baker Hughes then brought its award to Oklahoma and sued Joshi to confirm the award…

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