Arbitrability

D.C. Circuit Defers to Arbitrators’ Decision on Arbitrability for FSIA Purposes

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On August 4, 2015, the D.C. Circuit issued a decision in Chevron Corp. v. Republic of Ecuador, 795 F.3d 200 (D.C. Cir. 2015), affirming the district...

USA: Second Circuit requires stay rather than dismissal after compelling arbitration

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In a July 28, 2015 decision in Katz v. Cellco Partnership, dba Verizon Wireless, 794 F.3d 341 (2d Cir. 2015), the U.S. Court of Appeals for the...

Singapore Court of Appeal confirms that court proceedings must be stayed in favour of...

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The Court of Appeal of Singapore has confirmed that minority shareholder claims under s. 216 of the Singapore Companies Act (Cap 50, 2006) (the...

USA: Court decides question of tribunal’s jurisdiction although arbitration agreement reserves questions of jurisdiction...

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In Ogden Power Development – Cayman, Inc. v. PMR Limited Co., No. 14-CV-8169 (S.D.N.Y. May 21, 2015), a federal court in New York dismissed a...

Hong Kong: Court Saves Defective Award from Being Set Aside

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Notwithstanding a clear breach of natural justice, a HKIAC award narrowly avoided the cruel fate of being set aside when the Hong Kong court...

USA: Eighth Circuit affirms order compelling individual arbitration of putative class action claims

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Torres v. Simpatico, No. 14-1567 (8th Cir. Mar. 25, 2015), the Eighth Circuit Court of Appeals affirmed a district court's order compelling individual arbitration...

Brazil: amendments to the arbitration act approved by Congress

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The Brazilian Senate approved amendments to the Brazilian Arbitration Act (Law 9.307 of 1996) with new provisions in support of arbitration. The text (in Portuguese)...

Singapore: Guidelines for Judicial Review of Arbitral Awards

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In AKN and another v ALC and others and other appeals SGCA 18, the Singapore Court of Appeal helpfully restated the proper relationship...

Hong Kong Court Follows the Tide in Affirming Its Power to Grant Anti-Suit Injunctions...

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Hong Kong Court Follows the Tide in Affirming its Power to Grant Anti-Suit Injunctions to Restrain Foreign Court Proceedings Brought in Breach of Arbitration...

USA: Second Circuit holds court may not decide claim-preclusive effect of confirmation judgment

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In a recent decision, Citigroup, Inc. v. Abu Dhabi Inv. Auth., No. 13-4825-cv, 2015 U.S. App. LEXIS 549 (2d Cir. Jan. 14, 2015), the...