USA Archives

In USA

USA: Appellate court reverses the trial court’s order granting motion to withdraw from arbitration and litigate in state court as otherwise permitted under California Code of Civil Procedure section 1281.97

August 28, 2024 by David Zaslowsky and Andrew Yu-Chih 3 Mins Read

Hernandez v. Sohnen Enterprises, Inc., 102 Cal. App. 5th 222 (2024), reh’g denied (June 3, 2024)[1] Factual Background In 2016, Plaintiff Massiel Hernandez (“Hernandez”) executed an arbitration agreement with Defendant Sohnen Enterprises, Inc. (“Sohnen”), that stated, “This Agreement is governed by the Federal Arbitration Act (the “FAA”), 9 U.S.C. [section] 1, et seq.” On July 16, 2021, Hernandez filed a complaint against Sohnen for disability discrimination, Labor Code violations, and related causes of action. On November 8, 2021,…

In USA

Fifth Circuit holds that, in determining specific personal jurisdiction in a confirmation proceeding, a district court should consider a party’s forum contacts related to the underlying dispute that resulted in the arbitration

April 8, 2024 by David Zaslowsky and Annasofia Roig 4 Mins Read

Conti 11. Container Schiffarts-GMBH & Co. KG M.S. v. MSC Mediterranean Shipping Co. S.A., 91 F.4th 789 (5th…

In USA

California Court of Appeals requires vacatur of an arbitration award based on a reasonable impression of possible arbitrator bias

January 24, 2024 by David Zaslowsky and John Treat 3 Mins Read

FCM Inv., Inc. v. Grove Pham, LLC, No. RIC1902326 (Cal. Super. Ct. Oct. 17, 2023)[1] Factual Background In January 2019, Plaintiff FCM Investments, LLC (“FCM”), signed a purchase agreement to buy property in Riverside, California, from Defendant Grove Pham, LLC (“Grove”), a company owned by Phuong Pham. Grove operated a nursing home on this property. Disputes arose and were mediated during the due diligence process, but FCM pulled out of the amended deal before escrow…

In North America

USA: Under Art. V NYC, a panel of appointed arbitrators’ familiarity with one another due to previous work-related encounters does not alone constitute enough bias to vacate an arbitration award

January 10, 2024 by David Zaslowsky, Annasofia Roig and Michael Matthiesen 6 Mins Read

Grupo Unidos por el Canal, S.A. v. Autoridad del Canal de Panama, 78 F.4th 1252 (11th Cir. 2023)[1] Factual…

In USA

District court rules that it cannot compel arbitration where parties contracted to arbitrate pursuant to now-defunct DIFC LCIA Rules

January 2, 2024 by David Zaslowsky and Eugenie Rogers 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]…

In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2023-2024 – USA

January 1, 2024 by David Zaslowsky, Thomas Tysowsky and Jackie Gerson 22 Mins Read

A. Legislation and rules A.1 Legislation The United States has a federal form of government, and there is, accordingly, 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. In 2023, the House and Senate introduced four amendments to the FAA, none of…

In USA

District court holds that the three-month deadline to file a motion to vacate under the FAA is triggered by an arbitrator’s “final award” despite subsequent motions for clarification

October 18, 2023 by David Zaslowsky and Thomas Tysowsky 4 Mins Read

First Kuwaiti Gen. Trading & Contracting W.L.L. v. Kellogg Brown & Root Int’l, Inc., No. 1:23-mc-1 (E.D. Va.…

In USA

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

October 11, 2023 by David Zaslowsky and Adrienne Harreveld 4 Mins Read

Baker Hughes Servs. Int’l, LLC v. Joshi Technologies Int’l, Inc., Nos. 21-5072 and 21-5081 (10th Cir. July 13,…

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…