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Arbitration Agreements

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In Arbitration Agreements

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

by 2 Mins Read

On May 9, 2018, Justice Nancy Andrighi of the Superior Court of Justice – STJ, the highest Brazilian court for non-constitutional matters, issued an injunction reaffirming the principle of competence-competence under articles 8, sole paragraph and 20 of Brazilian Arbitration Act, according to which the arbitration panel is the only body competent to judge the competence of the arbitral venue, if an arbitral proceeding is pending. In her decision, Justice Andrighi revoked an anti-arbitration injunction…

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In Arbitrability

Arbitrability – Fifth Circuit affirms grant of motion to dismiss because arbitrability was validly delegated to the arbitrators

by 4 Mins Read

Brittania-U Nigeria, Ltd. v. Chevron USA, Inc., No. 16-20690 (5th Cir. Aug. 9, 2017) [click for opinion] In 2013, Plaintiff Brittania-U Nigeria Limited (“Brittania-U”) was invited to participate in the bidding for interests in oil leases in Nigeria held by Chevron Nigeria, Limited, a division of Defendant Chevron U.S.A. Inc. (“Chevron”). Brittania-U signed a confidentiality agreement with Chevron that specified that “arbitration shall be conducted in accordance with the United Nations Commission on International Trade…

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In Arbitration Agreements

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

by 3 Mins Read

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 Court for the Southern District of New York pursuant to the Declaratory Judgment Act, 28 U.S.C. § 2201, and the Federal Arbitration Act, 9 U.S.C. §§ 1-16, in order to (1) enjoin an arbitration already commenced against them by Respondent; and (2) declare that there was no valid arbitration agreement between the…

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In Arbitration Agreements

CFPB Rule Bars Financial Firms from Using Consumer Class Action Waivers

by 3 Mins Read

The federal Consumer Financial Protection Bureau (CFPB) issued what is being labeled a “brazen” rule[1] on Monday, July 10, 2017, prohibiting financial firms from using class action waivers to manage consumer complaints and disputes.[2] As we have reported in previous client alerts and blog posts[3], the Supreme Court of the United States has previously upheld consumer arbitration clauses and class action waivers, resulting in a significant increase in the adoption of such clauses by consumer-facing…

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