CleanSpark Inc. v. Discover Growth Fund, LLC, No. 20-cv-6164 (S.D.N.Y. Sept. 9, 2020) [click for opinion] In 2018 and 2019, CleanSpark, Inc. (“CleanSpark”) and Discover Growth Fund, LLC (“Discover”) entered into a pair of securities purchase agreements (collectively, the “Older SPAs”). In each agreement, CleanSpark sold, among other things, a convertible debt instrument to Discover and agreed to convert, at Discover’s request, all or any portion of the face value of the debt instruments into…
Piersing v. Domino’s Pizza, No. 19-2388 (6th Cir. June 17, 2020) [click for opinion] Plaintiff, Derek Piersing (“Piersing”)…
In Doe v. Natt, No. 2D19-1383 (Fla. 2d DCA Mar. 25, 2020) [click for opinion], a Texas couple,…
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 creditor is subject to an arbitration agreement. Background Under Section 254(2)(a) of the Singapore Companies Act, a company can be wound-up by the court upon the application of a creditor who has served a statutory demand on the company for a debt of SGD 10,000 or more and the debt continues…
In a recent decision (Jock v. Sterling Jewelers Inc., No. 18-153-cv (2d Cir. Nov. 18, 2019)), the United…
Abstract: Fifth Circuit finds no clear and unmistakable intent to delegate arbitrability to the arbitrators for issues subject…
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 amendments. They were various in nature, purpose and magnitude. Some were just a confirmation of already established practice, and others could be classified as a reform of the core of the Polish civil court system. All of them, however, were promoted as aiming to ease bureaucracy and make legal…
The Achmea decision and its aftermath are still a hot topic in the international arbitration community. In the…
China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15,…
Rogers v. Swepi LP, No. 18-3229 (6th Cir. Dec. 10, 2018) [click for opinion] 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 SWEPI LP and Shell Energy Holding GP LLC (together, “Shell”). The Agreement provided that Rogers would receive a $5,000-per-acre signing bonus upon Shell’s verification of his good title to the property. Rogers did not receive the signing bonus…