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Arbitrability

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In Arbitrability

Swiss Supreme Court confirms that claims against bankrupt Swiss parties do not ipso facto lose their arbitrability

by and 4 Mins Read

In a decision published on 1st March 2021, the Swiss Federal Supreme Court (“SFSC”) ruled on the arbitrability of a claim and the corresponding enforceability of an international arbitral award in the light of bankruptcy proceedings filed against the respondent in Switzerland (case no. 5A_910/2019 (in German)). Factual background The dispute at stake originated from an arbitral award of the London Court of International Arbitration (“LCIA”). Therein, the claimant (and subsequently defendant before the SFSC)…

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In Arbitrability

Florida state appellate court rules on issue of arbitrability

by 4 Mins Read

In Doe v. Natt, No. 2D19-1383 (Fla. 2d DCA Mar. 25, 2020) [click for opinion], a Texas couple, referred to as John and Jane Doe, filed suit against Airbnb, Inc. and Wayne Natt, the owner of a condominium that the Does rented using Airbnb’s website. The Does allege that Natt had installed hidden cameras throughout the unit and recorded them during their stay. Airbnb filed a motion to compel arbitration contending that the Does’ claims…

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In Arbitrability

Delegation of Arbitrability

by 4 Mins Read

Abstract: Fifth Circuit finds no clear and unmistakable intent to delegate arbitrability to the arbitrators for issues subject to a carve-out in the arbitration clause – Archer and White Sales, Inc. v. Henry Schein, Inc., No. 16-41674 (5th Cir. Aug. 14, 2019). In January 2019, the United States Supreme Court determined that the “wholly groundless” exception to enforcing an arbitration agreement, upon which the motion to compel arbitration in this case had previously been denied,…

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In Arbitrability

U.S.: District court recognizes as preclusive final, non-appealable Singapore judgment holding that parties had no agreement to arbitrate.

by and 4 Mins Read

China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15, 2019) [click for opinion] Through a series of subcontracts, Big Port Service DMCC (“BPS”) supplied marine fuel oil to a vessel owned by CSCL Container Lines Co. Ltd. (“CSCL”). After one of the intermediary contractual parties’ affiliates filed for bankruptcy, BPS sought payment of its outstanding invoice directly from CSCL. However, BPS’s contract to supply the fuel—and…

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