Swiss Supreme Court confirms that arbitral tribunal’s findings as to the parties’ actual and...

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In a recent decision published on 18 May 2020, the Swiss Federal Supreme Court ("SFSC") upheld an arbitral award in which the arbitral tribunal had declined jurisdiction in the absence of a valid arbitration...

IV St Petersburg Online Pre-Moot and FDI E-Conference

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The IV St. Petersburg Online Pre-Moot and FDI E-Conference will take place from October 30-31, 2020. Teams participating in the Pre-Moot will get an opportunity to sharpen their oral presentations and legal arguments before...

Setting-off or setting aside? Polish court holds that tribunal’s refusal to consider set-off violates...

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The Appellate Court in Warsaw ] considered whether a narrow arbitration clause may be a reason for rejecting a set-off argument raised by a respondent in arbitration proceedings if the basis of the set-off...

The Supreme Court in Enka v Chubb on the law applicable to the arbitration...

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Introduction In Enka Insaat ve Sanayi AS (Respondent) v OOO Insurance Company Chubb (Appellant) UKSC 38, the UK Supreme Court dismissed Chubb's appeal, affirming the Court of Appeal's conclusion that the arbitration agreement...

Sixth Circuit rules that arbitrator has to resolve the subject of “arbitrability”

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Piersing v. Domino's Pizza, No. 19-2388 (6th Cir. June 17, 2020) Plaintiff, Derek Piersing ("Piersing") was an employee in the state of Washington for Defendant, Domino's Pizza ("Domino's"). Piersing accepted employment at a second...

In With The New: The Amended LCIA Arbitration Rules

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The London Court of International Arbitration (LCIA) has recently amended its Arbitration Rules (available here) and Mediation Rules (available here). The amendments seek to embody recent trends and best practices that have emerged in...

District court partly vacates an arbitral award due to “manifest disregard” of the law

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Warfield v. ICON Advisors, Inc., No. 3:20CV195-GCM (W.D.N.C. June 16, 2020) In November 2017, Defendants ICON Advisors, Inc. and ICON Distributors, Inc. ("ICON"), terminated the at-will employment of Plaintiff James Warfield, a mutual funds...

English Commercial Court sets aside final award on jurisdiction for tribunal’s failure to identify...

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Introduction The English Commercial Court, in its recent judgment in MVV Environment Devonport Ltd v NTO Shipping GMBH & CO KG (MV Nortrader) EWHC 1371 (Comm), set aside a final award on jurisdiction (pursuant...

Eleventh Circuit holds tort claims are within scope of arbitration clause; Panama Convention provides...

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Earth Science Tech, Inc., v. Impact UA, Inc., No. 19-10118 (11th Cir. Apr. 14, 2020) Earth Science, Tech, Inc. ("Earth Science"), a Florida-based distributor of cannobidoil ("CBD")-rich hemp-oil products in the United States, entered...

SICC upholds arbitral awards despite tribunal errors and foreign illegality

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In a recent judgment from the Singapore International Commercial Court (“SICC”), the International Judge refused an application to set aside several arbitral awards issued in Singapore, despite accepting the applicants’ arguments that the tribunal...

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