USA Archives

In USA

District court holds that Russian language choice of forum provision prevails over English translation in contract executed with side-by-side provisions where term employed was a term of art in Russia and did not compel the parties to arbitrate their disputes

September 25, 2023 by David Zaslowsky and Annasofia Roig 4 Mins Read

LaRubInt Corp. v. Joint Stock Company Studio Soyuzmultfilm, No. 22-cv-4461 (HG) (E.D.N.Y. Apr. 20, 2023)[1] In August and September 2016, LaRubInt Corp., a U.S. media marketing company, entered into three licensing agreements with Joint Stock Company Studio Soyuzmultfilm (“Studio Soyuzmultfilm”), a Russian film studio. These licensing agreements provided LaRubInt with the exclusive right, in the territories of East and Southeast Asia, India, the Unites States, and Canada, to use and market images, goods, and services related…

In USA

District Court vacates arbitration award due to evident arbitrator partiality

August 14, 2023 by David Zaslowsky and Paul Chander 4 Mins Read

In Equicare Health Inc. v. Varian Med. Sys.,[1] the District Court for the Northern District of California vacated…

In USA

United States: Supreme Court rules lower court proceedings must be stayed pending the appeal of a denial of a motion to compel arbitration

August 9, 2023 by David Zaslowsky and Teresa Michaud 5 Mins Read

On June 23, 2023, the Supreme Court issued a very important decision concerning the procedure to be followed…

In USA

District court dismisses petition to enforce arbitration award against Spain for lack of subject matter jurisdiction, relying on the Achmea decision

May 31, 2023 by Heidi Smucker and David Zaslowsky 4 Mins Read

Blasket Renewable Investments v. Kingdom of Spain, No. 1:21-cv-3249-RJL (D.D.C. Mar. 29, 2023).[1] Factual Background In 2007, two Dutch companies, AES Solar Energy Coöperatief U.A. and Ampere Equity Fund B.V. (collectively, the “Companies”), invested in renewable energy projects in order to take advantage of favorable tax incentives offered by the Kingdom of Spain (“Spain”). However, in the wake of the 2008 financial crisis, Spain implemented reforms in its energy sector that had the effect of…

In North America

District court finds claims of partiality baseless and confirms award requiring specific performance

April 26, 2023 by David Zaslowsky and Ariel Bryant 4 Mins Read

Telecom Bus. Sols., LLC v. Terra Towers Corp., No. 22-cv-1761 (S.D.N.Y. Jan. 18, 2023)[1] Factual Background In 2015,…

In Arbitrability

District court holds that courts may decide issues of arbitrability even where the contract incorporates arbitration rules that delegate such issue to arbitrators

April 13, 2023 by David Zaslowsky and Desirée Hunter-Reay 4 Mins Read

Veerji Exports v. Carlos St Mary, Inc., No. 22 Civ. 3661 (LGS) (S.D.N.Y. Dec. 5, 2022)[1] Factual Background Plaintiff…

In North America

District court holds that a tribunal in an ICSID arbitration is not “a foreign or international tribunal” under 28 U.S.C. § 1782 and therefore discovery may not be sought in aid of such an arbitration

February 2, 2023 by Alexander Burch and David Zaslowsky 2 Mins Read

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 Arbitration Agreements

Third Circuit holds that a correspondence between the parties could be understood as an arbitration agreement under the New York Convention

January 31, 2023 by Gonzalo J. Monge and David Zaslowsky 5 Mins Read

Jiangsu Beier Decoration Materials Co. v. Angle World LLC, No. 21-3143 (3d Cir. Nov. 3, 2022)[1] Factual Background…

In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2022-2023 – United States

January 1, 2023 by David Zaslowsky, Thomas Tysowsky, Richard Yang and Michelle Shin 25 Mins Read

A. LEGISLATION AND RULES A.1 Legislation The United States is a federal jurisdiction that has arbitration-related legislation…

In North America

Second Circuit affirms order denying motion to compel arbitration

December 19, 2022 by David Zaslowsky 3 Mins Read

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…