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 motion to compel arbitration with prejudice as to a signatory not bound by the arbitration clause, ruling that dismissal without prejudice would have deprived the signatory of the right to have the court hear issues of arbitrability. Petitioners, Ogden Power Development – Cayman, Inc., Quezon Generating Co., Ltd., and GPI Quezon, Ltd,…
A v B Facts A (a PRC company) entered into a Development and Sales Agreement (“Agreement”) with B…
Torres v. Simpatico, No. 14-1567 (8th Cir. Mar. 25, 2015), the Eighth Circuit Court of Appeals affirmed a…
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) is available here. The bill is still to be sanctioned by the President, officially promulgated, after which it undergo a 60-day period of vacatio legis before coming into force. The amendments reinforce the pro-arbitration stance adopted by the Brazilian legal system. The new regulation consolidates many advancements stirred by case law, such as…
In AKN and another v ALC and others and other appeals [2015] SGCA 18, the Singapore Court of…
Hong Kong Court Follows the Tide in Affirming its Power to Grant Anti-Suit Injunctions to Restrain Foreign Court…
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 Second Circuit Court of Appeals ruled that it is for arbitrators, not courts, to decide the claim-preclusive effect of a federal judgment confirming an arbitral award. Plaintiff-Appellant Citigroup and Defendant-Appellee Abu Dhabi Investment Authority (“ADIA”) entered into an investment agreement whereby ADIA invested billions into Citigroup. The agreement contained an arbitration clause…