Thinking ahead: What to consider prior to arbitration when securing warranties and indemnities under...

In the field of mergers and acquisitions, warranties and indemnities introduced to share purchase agreements (SPAs) offer certain level of security and allocate risk for unsatisfied expectations. As such, they are the main source...

U.S.: District court grants application for discovery pursuant to 28 U.S.C. § 1782 in aid...

In re Application of the Children's Inv. Fund Found. (UK), Sir Christopher Hohn, and Axon Partners, LP for An Order to Take Discovery Pursuant to 28 U.S.C. § 1782, No. 18-00104 (S.D.N.Y. Jan. 30, 2019)...

U.S.: District court recognizes as preclusive final, non-appealable Singapore judgment holding that parties had...

China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15, 2019) Through a series of subcontracts, Big Port Service DMCC ("BPS") supplied marine fuel oil to...

U.S.: District court grants default judgment against an absent defendant and enforces arbitral award...

Tidewater Inv. SRL v. Bolivarian Republic of Venezuela, No. 17-1457 (TJK) (D.D.C. Dec. 17, 2018) Plaintiffs Tidewater Investment SRL and its subsidiary Tidewater Caribe, C.A. (collectively "Tidewater"), were investors in oil- and gas-related ventures...

More finance disputes, increased international flavour, and the continuing challenge of arbitrator diversity: the...

The LCIA's 2018 Casework Report provides another interesting snapshot of LCIA arbitration in numbers, including improvements in a number of areas since its 2017 Casework Report. Caseload overview In 2018, a record 271 arbitrations were referred...

Landmark development allows interim relief protection in China for Hong Kong arbitrations

On 2 April 2019, the Hong Kong Government and China's Supreme People's Court entered into a landmark arrangement ("Arrangement") that will allow, for the first time, parties to arbitrations seated outside of Mainland China...

U.S.: Sixth Circuit compels arbitration where attack was on validity of contract, not validity...

Rogers v. Swepi LP, No. 18-3229 (6th Cir. Dec. 10, 2018) In 2011, Matt Rogers entered into a lease agreement governing oil and gas extraction from Rogers's five-acre property in Ohio (the "Agreement") with...

U.S.: Second Circuit holds that arbitration provision did not become part of contract where...

Starke v. SquareTrade, Inc., No. 17-2474-cv (2d Cir. Jan. 10, 2019) In January 2016, Plaintiff purchased a 2-Year Electronics Protection Plan (the "Protection Plan") from SquareTrade to protect a CD player that he purchased...

Enforcement of foreign arbitral awards in the UAE

The recently issued implementing regulations of the civil procedures law (Implementing Regulations) have brought a number of amendments intended to facilitate and expedite the process of ratification and enforcement of foreign arbitral awards. The Implementing...

U.S.: Fourth Circuit directs district court to compel arbitration where agreement contained clear and...

Novic v. Credit One Bank, N.A., No. 17-2168 (4th Cir. Jan 4, 2019) Charleene Novic had entered into a credit agreement to obtain a credit card with Credit One Bank, N.A. ("Credit One"). The...

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