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Arbitrability

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In Arbitrability

Arbitrability of Venue Questions

by 4 Mins Read

Bamberger Rosenheim, Ltd. (Isr.) v. OA Dev., Inc. (United States), 862 F.3d 1284 (11th Cir. 2017) [click for opinion] Appellant Bamberger Rosenheim, Ltd. (“Bamberger”) is an Israeli company, that raises capital for real estate investments. Appellee OA Development, Inc. (“OAD”) is an American company, incorporated in the state of Georgia, that develops real estate. The parties entered into a solicitation agreement in 2008 that contained an arbitration clause calling for the seat of arbitration to…

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In Applicable Law

Brazilian Court of Appeals confirms the validity of arbitration in international sales representation agreement

by 4 Mins Read

On June 21, 2017, the Court of Appeals of São Paulo confirmed the validity of an arbitration clause set forth in an international sales representation agreement. The dispute began when an American company decided to terminate a sales representation agreement with a Brazilian representative. The agreement was in force for 20 years. The Brazilian representative used to intermediate sales between the American company and Brazilian customers. The agreement, however, provided that any party could terminate…

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In Arbitrability

U.S. Court of Appeals for the Ninth Circuit rejects effort to compel arbitration based on arbitration clause in warranty brochure.

by 3 Mins Read

In Norcia, Plaintiff filed a putative class action against Samsung, alleging that it made misrepresentations as to the performance of the Galaxy S4 phone. Plaintiff purchased his Samsung phone from a Verizon Wireless store in San Francisco, California. As part of the purchase process, he signed a Customer Agreement with Verizon, containing an arbitration provision that did not reference Samsung or any other party. The phone also came in a sealed box containing a Product…

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In Arbitrability

New rule on the Brazilian privatization program provides for arbitration

by and 2 Mins Read

Today the Brazilian Federal Government issued the Provisional Measure 752/2016, with new rules for extending the term of some concessions of railways, highways and airports, in consideration for additional investments. Those rules also apply to termination of certain supposedly problematic concessions, which will be subject to new bids to replace the service provider. Those rules were issued in the context of the new Brazilian privatization program (Programa de Parcerias de Investimentos – PPI) implemented by…

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