U.S.: Second Circuit joined the Third, Fifth, Sixth, Seventh, and Ninth Circuits in recognizing...

Gen. Re Life Corp. v. Lincoln Nat'l Life Ins. Co., No. 17-2496-cv (2d Cir. Nov. 28, 2018) General Re Life Insurance Corp. ("General Re") sought review from the Second Circuit Court of Appeals of...

U.S.: District court denies motion for stay of execution without bond and grants motion...

Stati v. Kazakhstan, No. 14-cv-1638 (D.D.C. Nov. 13, 2018) On March 23, 2018, the District Court for the District of Columbia entered judgment in favor of Petitioners Anatolie Stati, Gabriel Stati, Ascom Group, S.A., and...

U.S.: Eleventh Circuit upholds enforceability of a mandatory arbitration provision in a shrinkwrap agreement...

Dye v. Tamko, No. 17-14-052 (11th Cir. Nov. 2, 2018) Two Florida residents purchased the same type of "Heritage 30" shingles (hereinafter "the shingles") from Tamko Building Products ("Tamko") for their respective roofs. The shingles...

U.S.: District court holds that Section 1782 does not apply to private international arbitrations....

In re Servotronics, Inc., No. 2:18-mc-00364-DCN (D.S.C. Nov. 6, 2018) Plaintiff Rolls-Royce manufactured an engine that contained a valve made by Defendant Servotronics. The engine was incorporated into a plane made by Boeing. During...

U.S.: D.C. Circuit Court of Appeals refuses to confirm arbitral award issued against the...

Diag Human S.E. v. Czech Republic – Ministry of Health, 907 F.3d 606 (D.C. Cir. Oct. 26, 2018) The Czech Republic Ministry of Health (the "Czech Republic") and blood plasma business Diag Human, S.E. ("Diag...

The Year Ahead – Regional Developments: What are the key developments across the regions?

Asia Pacific Australia Final report of government inquiry into banking and financial services A Government inquiry is examining standards and misconduct in the banking and financial services industry, with a final report due by 1 February...

Brazil Federal Union and CODESP win Libra arbitration on the Brazilian Port of Santos 

On January 7, 2019, it became public the award of the arbitral proceeding between, on one hand, Libra Terminais S.A. and Libra Terminais Santos S.A.  (“Libra”), two concessionaires of cargo terminals T-35 and T-37...

The Year Ahead – Co-operation: States and their courts are increasing efforts to co-operate...

We are seeing increasing efforts between states and between courts to co-operate over enforcement of judgments. This is long-overdue when compared to efforts for arbitration. The New York Convention represents an agreement by 159 states...

ICC – More efficiency and transparency in 2019

The ICC committed itself to make arbitration proceedings more efficient and transparent. To reach this objective, the institution has introduced several new policies in previous years. In 2016, the ICC began to publish arbitrators’...

US Supreme Court Rejects A “Wholly Groundless” Exception To Clauses Delegating Arbitrability

To paraphrase Pharaoh Ramses II, so it is written, so it shall be done. In Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. __ (January 8, 2019), the first opinion by Justice Kavanaugh, a unanimous...

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