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In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2021-2022 – United States

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A. LEGISLATION AND RULES A.1       Legislation The United States has 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. There was one significant change to the FAA this past year. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA)[1]…

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In Arbitration Agreements

District court grants petition to compel arbitration where existence of arbitration agreement was in dispute

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Spliethoff Transport B.V. v. Phyto-Charter Inc., No. 20-CV-3283 (S.D.N.Y. May 13, 2021) [click for opinion] Petitioner Spliethoff Transport B.V. (“Spliethoff”) sought an order to compel Respondent Phyto-Charter Inc. (“Phyto-Charter”) to submit to arbitration in New York an admiralty dispute valued at $500,000. Spliethoff also sought an order from the court to compel Phyto-Charter to appoint an arbitrator. In response, Phyto-Charter filed a motion to dismiss for lack of subject matter jurisdiction, adding that, on the…

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In North America

Michigan appellate court holds that trial court erred in determining that claims were non-arbitrable where the arbitration clause delegated questions of arbitrability to the arbitrators

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Swiger v. Rosette, No. 19-2470 (6th Cir. 2021) [click for opinion] Plaintiff Nicole Marie Swiger took out a $1,200 loan with an interest rate exceeding 350% from online lender Plain Green LLC, an entity organized under the laws of the Chippewa Cree Tribe of the Rocky Boy’s Reservation, Montana. Swiger claimed that Defendant Kenneth Rees and his company, Think Finance LLC, had used Plain Green and its benefits of tribal sovereign immunity as a front…

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In North America

Second Circuit affirms arbitration award while confirming continuing applicability of manifest disregard of law

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Seneca Nation of Indians v. State of New York, No. 19-4022 (2d Cir. Feb. 22, 2021) [click for opinion] On August 18, 2002, the Seneca Nation of Indians (the “Nation”) entered into a Compact with the State of New York for gambling activities in the Western District of New York. The Compact was for an initial 14-year term with an automatic renewal period of 7 years. It required the Nation to pay New York a percentage…

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