Hong Kong Court of Final Appeal clarifies principles applicable where a party seeks to...

This article discusses the decision of the Hong Kong Court of Final Appeal ("CFA") in  Astro v First Media. The CFA has allowed First Media to resist enforcement of awards under the New York...

U.S.: Supreme Court holds that class and collective action waivers in employment arbitration agreements...

Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018) In these three consolidated cases, Plaintiff-Employees brought class action suits against their employers for unpaid wage claims under the Fair Labor Standards Act of...

U.S.: District court finds motion to confirm award was properly served pursuant to terms...

Voltage Pictures, LLC v. Gulf Film, LLC, LACV 18-00696-VAP (C.D. Cal. Apr. 17, 2018) Between 2013 and 2015, Voltage Pictures and Gulf Film entered into eleven distribution license agreements concerning the distribution of eleven...

Swiss Federal Supreme Court Reaffirms CAS Panel is Independent From FIFA

In its decision 4A_260/2017 rendered on 20 February 2018, the Swiss Federal Supreme Court declined to set aside an award rendered by the Court of Arbitration for Sport (CAS), confirming, among other points, that...

Argentina: New Law on International Commercial Arbitration

On July 26, 2018 Law No. 27,449 on International Commercial Arbitration (“LACI” for its Spanish acronym), was published in the Official Gazette. Said law had been passed by Congress on July 4, 2018 and...

U.S.: Second Circuit holds that a party seeking to vacate an award must...

Certain Underwriting Members of Lloyds of London v. Insurance Company of the Americas, No. 17-1137-cv (2d Cir. June 7, 2018) Petitioners-Appellees, Insurance Company of the Americas ("ICA") appealed an order vacating an arbitral award...

U.S.: District court judgment vacating award overturned for failure to apply CISG and to...

Transmar Commodity Group Ltd. v. Cooperativa Agraria Industrial Naranjillo Ltda., No. 16-3532-cv (2d Cir. May 9, 2018) In 2013, Transmar Commodity Group Ltd. ("Transmar") and Cooperativa Agraria Industrial Naranjillo Ltda. ("Naranjillo") entered into six...

U.S.: New York Supreme Court holds that when a parties’ agreement specifically incorporates or...

Footprint Power Salem Harbor Dev., L.P. v. Iberdrola Energy Products, Inc., Index No. 651963/2018 (NY Sup. Ct. May 1, 2018) Footprint Power Salem Harbor Development, LP ("Footprint") entered into an Engineering, Procurement and Construction...

Australia: Arbitration Agreements

This excerpt originally appeared in the Baker McKenzie International Arbitration Yearbook 2017-2018. The Yearbook comprises reports on arbitration in key jurisdictions around the globe. You can access the Yearbook here. The country chapter “Australia”...

English High Court provides useful guidance on whether test for appeal on a point...

The case of Agile Holdings Corp v Essar Shipping Ltd clarifies the circumstances in which the court can revisit the decision to grant leave to appeal an award on a point of law under...

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