In Albaniabeg Ambient Sh.p.k. v. Enel S.p.A. and Enelpower S.p.A., No. 15 Civ. 3283 (S.D.N.Y. Mar. 11, 2016), the District Court for the Southern District of New York concluded that Section 203 of the FAA and the New York Convention do not provide subject matter jurisdiction over actions to enforce a foreign court’s judgment, even where a party contends that the foreign judgment is inconsistent with an earlier arbitral award or agreement to arbitrate. In…
In Al Rushaid v. National Oilwell Varco, Inc., No. 15-20260 (5th Cir. Feb. 17, 2016), the Fifth Circuit…
The topic of arbitrator bias has been the subject of two recent English law cases: W Limited v.…
One of the central questions considered by the court in Barrier Limited v Redhall Marine Limited [2016] EWHC 381 (QB) was whether an arbitration clause from a contract (the “Main Contract”) between A and B had been incorporated into a subcontract between B and C. Background facts: The applicant was the subcontractor, engaged to paint the interior and exterior of Astute class submarines. It applied to the court for pre-action disclosure against the respondent, who…
On 19 January 2016, the English High Court in Pencil Hill Ltd v US Citta Di Palermo SpA…
In Nesbitt v. FCNH, Inc., No. 14-1502 (10th Cir. Jan. 5, 2016), the Tenth Circuit upheld the denial of…
Any company that makes sales through the Internet to New Jersey consumers should be aware of a recent trend in consumer class actions based on New Jersey’s Truth-in-Consumer Contract, Warranty and Notice Act (the “TCCWNA”), N.J.S.A. 56:1214, et seq. The plaintiff’s bar is attracted to the TCCWNA as a basis for consumer class actions because, like many other statutes underlying consumer class actions , it provides for statutory damages and attorneys’ fees to consumers even…
In Hayes v. Delbert Servs. Corp., No. 15-1170 (4th Cir. Feb. 2, 2016), the Fourth Circuit refused to…
Document production, at least to some extent, is an integral part of most international arbitration proceedings. This is…
Editor’s Note: This is the second of two articles on recent developments related to expropriations in Zimbabwe. This article deals with new legislation concerning the nationalization of the diamond mining industry, while the first article, by Andy Moody and Richard Allen, covers a recently leaked ICSID award concerning Zimbabwean land reforms. Within the last few weeks, the Government of Zimbabwe under President Robert Mugabe announced that it would nationalize the entirety of Zimbabwe’s diamond mining…