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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...

Arb-Med-Arb: what is it and how can it help the parties to solve their...

What is the most efficient alternative, i.e. out of court, way to settle disputes? Arbitral institutions provide many options to the parties: “normal” arbitration,...

Uber Wins Right to Arbitrate Customer Price-Fixing Claim and Secures Key Win for App...

On August 17, 2017, the Second Circuit vacated a district court order denying defendants' motion to compel arbitration of a consumer price-fixing putative class...

District court holds that nonsignatory to a charter agreement is not bound to its...

Iota Shipholding Ltd v. Starr Indem. & Liab. Co., 16 Civ. 4881 (S.D.N.Y. May 31, 2017) Petitioners brought this action before the U.S. District...

Defendants Stay Court Proceedings by Relying on an Arbitration Agreement to Which They were...

The Singapore High Court has reaffirmed that Singapore courts have the power to stay court proceedings in favour of arbitration, even where the party...

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

On June 21, 2017, the Court of Appeals of São Paulo confirmed the validity of an arbitration clause set forth in an international sales...