The Court of Appeal of Singapore has confirmed that minority shareholder claims under s. 216 of the Singapore Companies Act (Cap 50, 2006) (the Companies Act) are arbitrable, and that there is generally a presumption that all claims (including those arising under statute) which fall within an arbitration clause are arbitrable (Tomolugen Holdings Ltd and another v Silica Investors Ltd and other appeals [2015] SGCA 57). The Court of Appeal also held that the standard…
In Ogden Power Development – Cayman, Inc. v. PMR Limited Co., No. 14-CV-8169 (S.D.N.Y. May 21, 2015), a…
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 district court’s order compelling individual arbitration in a putative class action suit, rejecting claims of unconscionability. The individual plaintiffs were or are unit franchisees of Stratus Franchising, LLC (“Stratus”), a commercial cleaning business. Stratus sells master franchises, which granted the master franchiser the exclusive right to sell Stratus unit franchises in a particular regional market. Each plaintiff…
The Brazilian Senate approved amendments to the Brazilian Arbitration Act (Law 9.307 of 1996) with new provisions in support…
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 Proceedings Brought in Breach of Arbitration Agreements Ever Judger Holding Company Limited v Kroman Celik Sanayii Anonim Sirketi (HCCT 6/2015 Introduction In Ever Judger Holding Company Limited v Kroman Celik Sanayii Anonim Sirketi (“Ever Judger”), Godfrey Lam J of the Hong Kong Court of First Instance held that the Hong Kong courts have the power to grant…
In a recent decision, Citigroup, Inc. v. Abu Dhabi Inv. Auth., No. 13-4825-cv, 2015 U.S. App. LEXIS 549…