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Arbitrability

Contract compelling arbitration not formed where parties submitted two different versions of the same...

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Rowland v. Sandy Morris Financial & Estate Planning Services, LLC., No. 20-1187 (4th Cir. 2021) Barry and Donna Rowland ("Rowland") first enlisted Sandy Morris...

District court vacates award where tribunal failed to address repeated objections to arbitrability of...

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Copragi S.A. v. Agribusiness United DMCC, No. 20 Civ. 5486 (LGS) (S.D.N.Y. Mar. 15, 2021) In August of 2013, Petitioner, Copragi S.A. ("Copragi"), a...

Swiss Supreme Court confirms that claims against bankrupt Swiss parties do not ipso facto...

In a decision published on 1st March 2021, the Swiss Federal Supreme Court ("SFSC") ruled on the arbitrability of a claim and the corresponding...

District court finds it lacks personal jurisdiction over Defendant where parties explicitly agreed that...

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CleanSpark Inc. v. Discover Growth Fund, LLC, No. 20-cv-6164 (S.D.N.Y. Sept. 9, 2020) In 2018 and 2019, CleanSpark, Inc. ("CleanSpark") and Discover Growth Fund,...

Sixth Circuit rules that arbitrator has to resolve the subject of “arbitrability”

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Piersing v. Domino's Pizza, No. 19-2388 (6th Cir. June 17, 2020) Plaintiff, Derek Piersing ("Piersing") was an employee in the state of Washington for...

Florida state appellate court rules on issue of arbitrability

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In Doe v. Natt, No. 2D19-1383 (Fla. 2d DCA Mar. 25, 2020) , a Texas couple, referred to as John and Jane Doe, filed...

The interaction between insolvency law and arbitration in Singapore

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The Singapore Court of Appeal has clarified the standard of review that applies to winding-up applications where the underlying relationship between the debtor and...

Second Circuit Court: Non-party class members bound by arbitrator’s determination on class arbitrability

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In a recent decision (Jock v. Sterling Jewelers Inc., No. 18-153-cv (2d Cir. Nov. 18, 2019)), the United States Court of Appeals for the...

Delegation of Arbitrability

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Abstract: Fifth Circuit finds no clear and unmistakable intent to delegate arbitrability to the arbitrators for issues subject to a carve-out in the...

Poland – Changes to law – arbitrability of disputes over corporate resolutions

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Abstract: Polish Civil Procedure Code is now clear on the arbitrability of corporate matters. Background Polish civil procedure law has recently been subject to a wave of...