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Arbitration Agreements

U.S.: District court compels arbitration based on Defendant’s practice of including in its “self...

Zacher v. Comcast Cable Commc'ns, No. 17-cv-7256 (N.D. Ill. June 20, 2018) Plaintiff brought a putative class action alleging that Comcast violated the Telephone...

U.S.: District court grants ICDR arbitral immunity on arbitrability issue raised prior to appointment...

Wartsila N. America, Inc. v. Int'l Centre for Dispute Resolution, No. H-18-1531 (S.D. Tex. Aug. 15, 2018) Plaintiffs, Wärtsilä North America, Inc. ("Wartsila NA")...

England and Wales: Lost in Translation: Interpreting foreign language arbitration clauses

The Commercial Court has upheld a challenge under section 67 of the Arbitration Act 1996 ("AA 1996") to an arbitral award in which the...

U.S.: Supreme Court holds that class and collective action waivers in employment arbitration agreements...

Epic Systems Corp. v. Lewis, 138 S. Ct. 1612 (2018) In these three consolidated cases, Plaintiff-Employees brought class action suits against their employers for...

U.S.: New York Supreme Court holds that when a parties’ agreement specifically incorporates or...

Footprint Power Salem Harbor Dev., L.P. v. Iberdrola Energy Products, Inc., Index No. 651963/2018 (NY Sup. Ct. May 1, 2018) Footprint Power Salem Harbor...

Australia: Arbitration Agreements

This excerpt originally appeared in the Baker McKenzie International Arbitration Yearbook 2017-2018. The Yearbook comprises reports on arbitration in key jurisdictions around the globe....

Brazilian Superior Court of Justice Reaffirms the Principle of Competence-Competence

On May 9, 2018, Justice Nancy Andrighi of the Superior Court of Justice - STJ, the highest Brazilian court for non-constitutional matters, issued an...

Germany: Do Arbitration Agreements Cover Cartel Damages Claims?

The question whether arbitration agreements cover cartel damages claims is highly disputed. Recently, the Regional Court Dortmund took an arbitration-friendly approach by dismissing an...

Enforcement of Arbitration Clause by Non-Signatories. Ninth Circuit refuses to compel arbitration by a...

Yang v. Majestic Blue Fisheries, LLC, No. 15-16881 (9th Cir. Nov. 30, 2017) Mr. Yang was a fisherman on a vessel owned by Majestic...

Arbitrability – Fifth Circuit affirms grant of motion to dismiss because arbitrability was validly...

Brittania-U Nigeria, Ltd. v. Chevron USA, Inc., No. 16-20690 (5th Cir. Aug. 9, 2017) In 2013, Plaintiff Brittania-U Nigeria Limited ("Brittania-U") was invited to...