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

0
Spliethoff Transport B.V. v. Phyto-Charter Inc., No. 20-CV-3283 (S.D.N.Y. May 13, 2021) 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...

District court refuses to vacate award annulled at the seat of arbitration because it...

0
Compañía de Inversiones Mercantiles S.A. v. Grupo Cementos de Chihuahua, S.A.B. de C.V., No. 1:15-cv-02120-JLK (D. Colo. Apr. 30, 2021) In 2005, Compañía de Inversiones Mercantiles S.A. ("CIMSA"), Grupo Cementos de Chihuahua, S.A.B. de...

Swiss Supreme Court confirms that an arbitral tribunal may under certain circumstances refuse to...

0
In a decision published on 15th June 2021, the Swiss Federal Supreme Court ("SFSC") dismissed a challenge to set aside an arbitral award because in its view, the request to reschedule the hearing was...

Offsetting counterclaims against an arbitral award in the enforcement stage – a promising defense?

0
In a recent decision, the Higher Regional Court of Frankfurt defined the requirements and limits in which the losing party in an arbitration can defend itself against the arbitral award with counterclaims at the...

How long do parties need to wait for an arbitral award in Germany?

0
Parties often chose arbitration over state court litigation because arbitral proceedings are more flexible and more efficient. Parties are typically not in the business of "litigating", but want to resolve their (commercial) disputes in...

Contract compelling arbitration not formed where parties submitted two different versions of the same...

0
Rowland v. Sandy Morris Financial & Estate Planning Services, LLC., No. 20-1187 (4th Cir. 2021) Barry and Donna Rowland ("Rowland") first enlisted Sandy Morris and her Florida-based firm, Sandy Morris Financial LLC ("SMF"), for...

Brazilian Superior Court Confirms 90-Day Limitation Period to Request Annulment of an Arbitral Award

0
On August 9, 2021, the Brazilian Superior Court of Justice (STJ) published an interesting decision on the time limit to request the annulment of arbitral awards with a seat in Brazil. Under art. 33, paragraph...

Michigan appellate court holds that trial court erred in determining that claims were non-arbitrable...

0
Swiger v. Rosette, No. 19-2470 (6th Cir. 2021) 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...

The Paris Court of Appeal rules over French courts’ jurisdiction to hear a liability...

0
In a recent decision issued by the International Commercial Chamber of the Paris Court of Appeal, the court quashed a judgment of the Paris First Instance Tribunal (Tribunal judiciaire), which found that it lacked...

District court vacates award where tribunal failed to address repeated objections to arbitrability of...

0
Copragi S.A. v. Agribusiness United DMCC, No. 20 Civ. 5486 (LGS) (S.D.N.Y. Mar. 15, 2021) In August of 2013, Petitioner, Copragi S.A. ("Copragi"), a Moroccan entity, and Respondent, Agribusiness United DMCC ("Agribusiness"), a citizen...

Popular Articles

All Time Favorites