In Equicare Health Inc. v. Varian Med. Sys.,[1] the District Court for the Northern District of California vacated arbitration award due to evident partiality because one of the arbitrators failed to disclose that he was a former client of the attorneys for one of the parties to the arbitration. Factual Background Equicare Health Inc. (“Equicare”) and Varian Medical Systems, Inc. (“Varian”) entered into a contract under which Varian agreed to make a “reasonable commercial effort”…
On June 23, 2023, the Supreme Court issued a very important decision concerning the procedure to be followed…
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…
Telecom Bus. Sols., LLC v. Terra Towers Corp., No. 22-cv-1761 (S.D.N.Y. Jan. 18, 2023)[1] Factual Background In 2015, Telecom Business Solutions, LLC, LATAM Towers, LLC and AMLQ Holdings (Cay) Ltd. (collectively, “Petitioners”) entered into a shareholders agreement (the “SHA”) with Terra Towers Corp. and TBS Management (collectively, “Terra”) to co-own and operate Continental Towers LATAM Holdings, Ltd. (the “Company”). Pursuant to the agreement, the Company developed and operated telecommunication towers in Central and South America.…
Veerji Exports v. Carlos St Mary, Inc., No. 22 Civ. 3661 (LGS) (S.D.N.Y. Dec. 5, 2022)[1] Factual Background Plaintiff…
In re Application of Alpene, Ltd., No. 21 MC 2547 (E.D.N.Y. Oct. 27, 2022)[1]Factual Background Alpene, Ltd., a…
Jiangsu Beier Decoration Materials Co. v. Angle World LLC, No. 21-3143 (3d Cir. Nov. 3, 2022)[1] Factual Background Jiangsu Beier Decoration Materials Co, Ltd. (“Jiangsu”) was a Chinese manufacturer of flooring products. In 2016, Jiangsu entered into an agreement with Angle World LLC (“Angle World”), a Pennsylvania-based company, that provided that Angle World would serve as Jiangsu’s exclusive distribution agent in the U.S. According to Jiangsu, as of June 2018, Angle Word owed Jiangsu over…
A. LEGISLATION AND RULES A.1 Legislation The United States is a federal jurisdiction that has arbitration-related legislation…
In Lavvan, Inc. v. Amyris, Inc., No. 21-1819 (2d Cir. Sept. 15, 2022),[1] the Second Circuit affirmed order denying…
245 Park Member LLC v. HNA Grp. (Int’l) Co., 1:22-cv-5136-JGK (S.D.N.Y. July 25, 2022)[1] Factual Background In 2017, Petitioner 245 Park JV LLC, a U.S. affiliate of Respondent HNA Group (International) Company Limited (“HNA”), bought property at 245 Park Avenue in New York City. In June 2018, Petitioner 245 Park Member LLC made a preferred equity investment of $148 million in 245 Park JV LLC. As inducement for the investment, Petitioner secured contractual rights and protections, including…