Prior to May 22, 2017, there was a split among U.S. federal appellate courts as to whether service of process abroad, through postal channels, is permissible under the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil and Commercial Matters (“Hague Service Convention”). That changed when the U.S. Supreme Court handed down its ruling in Water Splash, Inc. v. Menon, 581 U.S. ____ (2017) (“Water Splash”). In an 8-0 unanimous decision, the…
As a condition of employment, employers often require their employees to sign arbitration agreements requiring that all employment…
Appellants brought an arbitration against Appellees, asserting claims under both federal and Puerto Rico law for violations of…
Practicing law in a time when information sharing technology is rapidly evolving poses significant challenges, especially with respect to an area of law that for the most part, lacks uniformity and remains fairly unpredictable—that is, evidentiary privilege in international arbitration. The recently decided case of Harleysville Ins. Co. v. Holding Funeral Home, Inc., highlights how evolving technology may inadvertently result in the waiver of attorney client privilege under some jurisdictions’ rules. For this reason, parties…
In 1999, Enron Nigeria Power Holding, Ltd (“ENPH”) entered into a power purchase agreement (“PPA”) with Nigeria, Lagos…
Petitioner, Trina Solar US, Inc. (“Trina”), is a California company that manufactures and sells solar panels. In 2012,…
In Norcia, Plaintiff filed a putative class action against Samsung, alleging that it made misrepresentations as to the performance of the Galaxy S4 phone. Plaintiff purchased his Samsung phone from a Verizon Wireless store in San Francisco, California. As part of the purchase process, he signed a Customer Agreement with Verizon, containing an arbitration provision that did not reference Samsung or any other party. The phone also came in a sealed box containing a Product…
The S.D.N.Y. denied a motion to quash a subpoena and vacate a related discovery order based in part…
The Ninth Circuit Court of appeals reversed a district court’s refusal to vacate an arbitration award for improper…
The Southern District of New York rejected public policy and due process defenses and confirmed an international arbitration award while rejecting an argument that the award debtor could withhold a portion of the damages to offset Taiwanese tax obligations. Petitioner Mondis Technology Ltd. (“Mondis”), a company involved in the purchase, assertion, and licensing of patent rights, petitioned to confirm an arbitral award entered in its favor against Respondent Wistron Corporation (“Wistron”), a Taiwanese manufacturer of…