In a July 28, 2015 decision in Katz v. Cellco Partnership, dba Verizon Wireless, 794 F.3d 341 (2d Cir. 2015), the U.S. Court of Appeals for the Second Circuit confirmed that a court should stay, rather than dismiss, a proceeding upon a party’s request after granting a motion to compel arbitration. Plaintiff Michael Katz brought suit in the U.S. District Court for the Southern District of New York asserting state law claims for breach of contract and consumer fraud against Verizon Wireless…
Once again, the Hong Kong courts have made this place a more hostile environment for arbitration guerrillas. Punishment…
Most major international arbitration rules require that an award rendered by a tribunal include the reasons upon which…
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between 12 Pacific Rim nations, including Australia, Japan, Malaysia, New Zealand, Singapore and the United States, which represent around 40% of global GDP and one third of world trade. The text of the TPP is still being finalised by the TPP States and is not yet available. Reports indicate that the TPP includes an Investment Chapter with a…
Arbitral tribunals have the power under Singapore law to rule on their own jurisdiction, consistent with the widely…
In PoolRe Ins. Corp. v. Organizational Strategies, Inc., No. 14-20433 (5th Cir. Apr. 7, 2015), the U.S. Court…
Introduction Emergency arbitration is a feature of the rules of all leading international arbitration institutions, both across Asia and elsewhere. Emergency arbitration is considerably new and likely to remain a permanent part of the international arbitration landscape. Prior to the modern day emergency arbitration provisions, precursor emergency arbitration rules existed, such as the International Chamber of Commerce (ICC) Pre-Arbitral Referee procedure, as well as optional emergency arbitrator provisions in the rules of the American Arbitration Association. The emergency arbitration rules implemented in the Stockholm…
In First State Ins. Co. v. National Casualty Co., No. 14-1644 (1st Cir. Mar. 20, 2015), the First…
Did you ever wonder why your company lost a lawsuit although the merits of the case were on…
In a recent decision, In re Grupo Unidos Por El Canal, S.A., No. 14-mc-00226 (D. Col. Apr. 17, 2015), a magistrate judge in Colorado district court held that Section 1782 may not be used in aid of private international arbitration. The controversy underlying this proceeding is the project for the expansion of the Panama Canal. When a dispute arose relating to that project, it led to an arbitration in Florida under the Rules of the…