McDonnel Group, L.L.C. v. Great Lakes Ins., SE, No. 18-30817 (5th Cir. May 13, 2019) In fall 2015, McDonnel Group, L.L.C. (“McDonnel”) purchased a builders risk insurance policy (the “policy”) from defendant insurers for a construction project on a property located in New Orleans, Louisiana. Two years later, the property suffered significant water damage. After Defendants denied the claim, McDonnel filed a declaratory and breach of contract action in federal district court.Defendants moved to dismiss…
SMJ Gen. Constr., Inc. v. Jet Commer. Constr., LLC, 440 P.3d 210 (Alaska 2019) In May 2016, after entering…
Castro v. TriMarine Fish Co. LLC, No. 17-35703 (9th Cir. Feb. 27, 2019) [click for opinion] Plaintiff Castro…
Smarter Tools Inc. v. Chongqing SENCI Import & Export Trade Co., No. 18-cv-2714 (S.D.N.Y. Mar. 26, 2019) [click for opinion] Smarter Tools Inc. (“STI”), a Virginia corporation, executed a purchase agreement to buy thousands of gas-powered generators from Chongqing SENCI Import & Expert Trade Co. (“SENCI”), a Chinese entity, for resale in the United States. In June 2013, STI stopped selling the generators because they were not California Air Resources Board (“CARB”) compliant. STI was…
Traditionally in the Czech Republic, both national and foreign arbitration awards could have been enforced either in standard…
Am. Int’l Specialty Lines Ins. Co. v. Allied Capital Corp., Index. No. 656341/16, 2018 NY Slip Op 07194…
On November 6, 2018, the Argentine National Supreme Court (“Supreme Court”) ruled on a case regarding the annulment of a domestic arbitration award. The Supreme Court found that the award was not subject to annulment, since it had complied with the requirements of Sections 760 and 761 of the National Procedural Code (“NPC”) and it did not affect public policy. The background of the case refers to a contract executed between the National State (“National…
While it hasn’t been a record year for most arbitral institutions, the demand for arbitration is still very…
Hardy Exploration & Prod. (India), Inc. v. Gov’t of India, Ministry of Petroleum & Natural Gas, Civil Action…
In its decision 4A_260/2017 rendered on 20 February 2018, the Swiss Federal Supreme Court declined to set aside an award rendered by the Court of Arbitration for Sport (CAS), confirming, among other points, that the panel constituted under the CAS rules satisfies the requirement of independence as applied in Switzerland. Case background In 2008, FIFA introduced a new provision to the Regulations on the Status and Transfer of the Players (RSTP) (Article 18bis), preventing clubs…