Texas Brine Co. v. Am. Arbitration Assc., No. 18-CV-31184 (5th Cir. Apr. 7, 2020) [click for opinion] Texas Brine Co. LLC (“Plaintiff”) sued the American Arbitration Association (“AAA”) and two allegedly compromised arbitrators, Anthony M. DiLeo and Charles R. Minyard, for more than $12 million in damages and equitable relief in Louisiana state court in July 2018. Plaintiff accused the arbitrators of failing to disclose potential conflicts of interest when they served as arbitrators in…
In Re Application of Hanwei Guo for an Order to Take Discovery for Use in a Foreign Proceeding…
In Doe v. Natt, No. 2D19-1383 (Fla. 2d DCA Mar. 25, 2020) [click for opinion], a Texas couple,…
Baker & McKenzie will be “hosting” the ICDR Y&I online debate on virtual hearings and cybersecurity, on Wednesday, July 24 at 11:00 am ET (5:00 pm CET). The debate teams will square-off on the following topics: Virtual hearings should remain the exception rather than the norm.Arbitral institutions must do more to address cyber-security risks in international arbitration. The debate will be in the style of the very lively Coffeehouse Debate held every year in Vienna…
On June 1, 2020, in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, the…
Section 1782 of Title 28 of the U.S. Code is a very powerful tool that authorizes the obtaining…
In Galilea, LLC v. AGCS Marine Ins. Co., No. 19-CV-05768 (VEC) (S.D.N.Y. Dec. 16, 2019), Petitioners, Galilea, LLC and Christopher Kittler, owners of a 60-foot yacht, sought to vacate an arbitration award entered in favor of Respondents/Cross-Petitioners, AGCS Marine Insurance Company, Liberty Mutual Insurance Company, and Starstone National Insurance Company. The arbitration was the result of the grounding of Petitioners’ yacht in Panamanian waters. After Respondents denied Petitioners’ request for insurance coverage, Respondents initiated an…
In Monster Energy Co. v. City Beverages, LLC, Nos. 17-55813 & 17-56082 (9th Cir. Oct. 22, 2019), the…
In Sladjana Cvoro v. Carnival Corp., [941 F.3d 487 (11th Cir. 2019)], the United States Court of Appeals…
UNITED STATES A. LEGISLATION AND RULES A.1 Legislation The United States is a federal jurisdiction with arbitration-related legislation existing at both the federal (national) and state levels. The Federal Arbitration Act 1925 (FAA) continues to be the controlling Federal statute regarding arbitration and reflects a well-established national policy in favor of arbitration. There has been no federal legislation passed this year that amends or alters the FAA. However, there have been legislative efforts to limit…