Fifth Circuit holds that state law prohibiting arbitration in insurance contracts was preempted by...

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...

District court found that a pending appeal in a related state court action was...

Ballinasmalla Holdings Ltd. v. FCStone Merch. Servs., No. 18-cv-12254 (S.D.N.Y. Apr. 11, 2019)  Corrib Oil Biofuels, LLC ("Corrib Oil") contracted with FCStone Merchant Services, LLC ("FCSTONE") to purchase degummed soybean oil. Ballinasmalla Holdings Limited ("BHL"),...

Supreme Court of Alaska holds that settlement agreement releasing parties from “any and all...

SMJ Gen. Constr., Inc. v. Jet Commer. Constr., LLC, 440 P.3d 210 (Alaska 2019)  In May 2016, after entering into a contract for the construction of a restaurant in Hawaii, Jet Commercial Construction, LLC ("Jet"),...

Ninth Circuit found that arbitration award and confirmation by a district court barred plaintiff...

NTCH-WA, Inc. v. ZTE Corp., No. 17-35833 (9th Cir. Apr. 25, 2019) NTCH-WA, Inc. is one of a number of affiliates that operate together under the name "ClearTalk" and offer prepaid and flat-rate cell...

Switzerland: New landmark decision on the applicability of the CISG and its interaction with...

In its decision dated 28 May 2019 (case No. 4A_543/2018 (in German), selected for publication in the official court reporter), the Swiss Federal Supreme Court (SFSC) addressed a number of issues involving the United Nations...

New Brazilian Law authorizes mediation and arbitration to discuss indemnification due to expropriation

On August 27, 2019, Law No. 13.86/19 was published, amending Decree-law No. 3.365/41 (the Brazilian statute on expropriation) to authorize the definition of amount due to owners in  expropriation of assets for projects through...

Singapore International Commercial Court considers first application to set aside an arbitral award

In BXS v BXT SGHC(I) 10, the Singapore International Commercial Court ("SICC") heard its first application to set aside an arbitral award. The SICC considered whether it had the power to extend the...

São Paulo regulates arbitration with state entities

The State of São Paulo has issued on July 31, 2019 Decree 64,356, which regulates arbitration with such State and the entities it controls. Institutional arbitrations should be preferred, being ad hoc arbitrations allowed only...

ISDS under ECT remains intact after contrary Declaration by 22 EU Member States

The Achmea decision and its aftermath are still a hot topic in the international arbitration community. In the Achmea decision, the European Court of Justice ("ECJ") ruled that EU law precluded resolution of intra-EU...

Singapore Court determines proper law of arbitration clause

In its recent decision in BNA v BNB and another SGHC 142, the Singapore High Court had to determine the law governing an arbitration clause in order to decide whether or not the...

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