USA Archives

In Arbitration Agreements

U.S.: Eleventh Circuit establishes a two-part test for the independent issues of whether a district court has jurisdiction upon removal under the New York Convention and whether a non-signatory party to an arbitration agreement may compel a signatory party to arbitrate.

January 3, 2019 by 4 Mins Read

Outokumpu Stainless USA, LLC, et al. v. Converteam SAS, No. 17-10944 (11th Cir. 2018) [click for opinion] Plaintiff Outokumpu Stainless, LLC (“Outokumpu”), through its predecessor ThyssenKrupp Stainless USA LLC, entered into three agreements to purchase from a company called Fives three “cold running mills” (“CRMs”) (the “Contracts”). All three Contracts contained arbitration clauses. They also contained a provision stating that the terms would be binding on subcontractors. Fives entered into a subcontract with GE Energy…

In Arbitration Agreements

US: District court denies motion to compel arbitration because Defendant was a non-signatory to the relevant arbitration agreement and Plaintiff did not meet its burden in showing that it was acting as agent for one of the other signatories.

January 2, 2019 by Laura Kelly and David Zaslowsky 4 Mins Read

Thompson v. AT&T Serv., Inc., No. 17 C 3607 (N.D. III. Sept. 24, 2018) [click for opinion] Plaintiff brought…

In Arbitration Agreements

U.S.: New Jersey appellate court holds that arbitration clause failed to include sufficiently clear waiver of Plaintiff’s right to litigate claims in court and reverses order dismissing complaint and compelling arbitration.

December 17, 2018 by Baker McKenzie 3 Mins Read

Kiraly v. Forcepoint, Inc., No. A-2676-17T1 (N.J. Super. Ct. App. Div. Oct. 2, 2018) [click for opinion] In January…

In North America

U.S.: New York appellate court reverses decision overturning an international arbitration award for manifest disregard of the law.

December 13, 2018 by 4 Mins Read

Daesang Corp. v NutraSweet Co., 2018 NY Slip Op 06331 (App. Div. 1st Dept. 2018) [click for opinion] A dispute between Daesang Corporation (“Daesang”) and the NutraSweet Company (“NutraSweet”) arose out of the 2003 sale of Daesang’s aspartame business to NutraSweet. Daesang brought claims in an ICC arbitration against NutraSweet for failure to pay the purchase price, along with claims for breach of the processing agreement, most notably for NutraSweet’s termination of the agreement without cause.…

In North America

U.S.: District court holds that a change in damages theory cannot be the basis to vacate an arbitration award.

December 12, 2018 by 3 Mins Read

Floridians for Solar Choice, Inc. v. PCI Consultants, Inc., No. 15-cv-62688 (S.D. Fla. June 11, 2018) [click for…

In Arbitration Agreements

U.S.: District court compels arbitration based on Defendant’s practice of including in its “self install” kits a subscriber agreement with an arbitration clause.

October 8, 2018 by Michael Bloom 2 Mins Read

Zacher v. Comcast Cable Commc’ns, No. 17-cv-7256 (N.D. Ill. June 20, 2018) [click for opinion] Plaintiff brought a…

In Canada

The New NAFTA – the United States-Mexico-Canada Agreement (USMCA) Brings Future Changes to ISDS

October 4, 2018 by Teddy Baldwin, Christina Doria and Francisco Franco 9 Mins Read

On September 30, 2018, the United States, Mexico and Canada (the Parties) reached an agreement to replace the…

In North America

U.S.: District court holds that enforcement of award requiring a foreign sovereign to recognize an energy concession in its own territorial waters would violate US public policy.

October 4, 2018 by Courtney Giles and David Zaslowsky 5 Mins Read

Hardy Exploration & Prod. (India), Inc. v. Gov’t of India, Ministry of Petroleum & Natural Gas, Civil Action No. 16-140 (D.D.C. June 7, 2018) [click for opinion] In 1997, Hardy Exploration & Production (India), Inc. (“HEPI”) entered into a contract with the Government of India (“India”) that would allow HEPI to search for and potentially extract hydrocarbons from an area off of India’s southeastern coast (the “Block”). The contract provided that if HEPI found crude…