Arbitrability Archives

In Arbitrability

Launch of the Arbitration Bill Progress Tracker

April 11, 2024 by Kate Corby, Steve Abraham, Andy Moody, Edward Poulton and Judith Mulholland 1 Min Read

Baker McKenzie has launched the Arbitration Bill Progress Tracker, hosted on Global Arbitration News. The Tracker provides an overview of the Arbitration Bill, a guide to the key proposed changes and implications if the Bill is passed, and maps out the Bill’s progress, which will be updated regularly.The UK government asked the Law Commission to review the Arbitration Act 1996 to determine whether any amendments are required in order to ensure that the Act remains…

In Arbitrability

District court holds that courts may decide issues of arbitrability even where the contract incorporates arbitration rules that delegate such issue to arbitrators

April 13, 2023 by David Zaslowsky and Desirée Hunter-Reay 4 Mins Read

Veerji Exports v. Carlos St Mary, Inc., No. 22 Civ. 3661 (LGS) (S.D.N.Y. Dec. 5, 2022)[1] Factual Background Plaintiff…

In Arbitrability

District Court of Munich confirms arbitrability of patent validity disputes

June 27, 2022 by Dr. Gerrit Niehoff 6 Mins Read

The arbitrability of disputes concerning the validity and existence of patents has always been the subject of debate.…

In Arbitrability

Singapore: Tribunal not bound by precise terms of parties’ pleadings and submissions

June 21, 2022 by Nandakumar Ponniya, Richard Allen and Darrell Lee 8 Mins Read

It is trite that an arbitral tribunal has no jurisdiction to decide any issue that has not been submitted to arbitration, and that the parts of an arbitral award that relate to such issues may be set aside by the court. In CJA v CIZ [2022] SGCA 41 (“CJA v CIZ”), the Singapore Court of Appeal (“SGCA”) held that a tribunal that made findings beyond the precise terms of the pleadings and submissions advanced by…

In Arbitrability

District court affirms arbitral award, holding that selection of ICC Rules provided clear and unmistakable evidence of the parties’ intent to arbitrate issues of arbitrability

June 8, 2022 by Allen Al-Haj and David Zaslowsky 3 Mins Read

Olin Holdings Ltd. v. State of Libya, No. 21-CV-4150 (S.D.N.Y. Mar. 22, 2022)[1] In the 1990s, Libya made…

In Arbitrability

District court orders party to withdraw actions in Mexico because the parties agreed to arbitrate all disputes and to delegate questions of arbitrability to the arbitrators

May 5, 2022 by 5 Mins Read

Citigroup Inc. v. Sayeg, No. 21-cv-10413 (S.D.N.Y. Jan. 20, 2022)[1] Factual Background Luis Sebastian Sayeg Seade (“Sayeg”) was…

In Arbitrability

New York state court applies principles of contract formation set out in the CISG and permanently stays an arbitration

April 26, 2022 by Erika Van Horne and David Zaslowsky 5 Mins Read

In the Matter of the Application of New York State Department of Health, Petitioner, For an Order, Pursuant to Article 75 of the CPLR, staying an arbitration commenced by Rusi Technology Company, Limited, Respondent, 2022 NY Slip Op 50041(U) (Sup. Ct. Albany County Jan. 25, 2022 In a special proceeding brought before a trial level court in New York, the New York State Department of Health (“DOH”) moved for an order and judgment permanently staying an…

In Arbitrability

First Circuit vacates grant of motion to compel arbitration

April 5, 2022 by 4 Mins Read

First Circuit vacates grant of motion to compel arbitration, finding that the parties’ disagreement over which conflicting agreement…

In Arbitrability

Contract compelling arbitration not formed where parties submitted two different versions of the same agreement as evidence

August 16, 2021 by David Zaslowsky 4 Mins Read

Rowland v. Sandy Morris Financial & Estate Planning Services, LLC., No. 20-1187 (4th Cir. 2021) [click for opinion]…

In Arbitrability

District court vacates award where tribunal failed to address repeated objections to arbitrability of the dispute and jurisdiction of the tribunal

July 15, 2021 by David Zaslowsky 4 Mins Read

Copragi S.A. v. Agribusiness United DMCC, No. 20 Civ. 5486 (LGS) (S.D.N.Y. Mar. 15, 2021) [click for opinion] In August of 2013, Petitioner, Copragi S.A. (“Copragi”), a Moroccan entity, and Respondent, Agribusiness United DMCC (“Agribusiness”), a citizen of the United Arab Emirates, entered into two contracts for grain cargoes (collectively, the “Sales Agreements”). The Sales Agreements contained a Grain and Free Trade Association (“GAFTA”) arbitration provision, dictating that any disputes regarding the Sales Agreements be…