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Arbitration Procedure

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In Arbitrability

U.S. Supreme Court to Decide Whether Employment Arbitration Provisions Containing Class & Collective Action Waivers Violate the NLRA

by 3 Mins Read

As a condition of employment, employers often require their employees to sign arbitration agreements requiring that all employment related disputes be resolved by means of individual, rather than collective, arbitration.  Employers that include class and collective action waivers in their arbitration agreements will soon learn, definitively, whether such provisions are lawful.On January 13, 2017, the United States Supreme Court granted certiorari in three cases to decide whether an agreement to submit workplace disputes to individual…

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In Arbitration Procedure

US court confirms international arbitral award against non-signatory.

by 4 Mins Read

Petitioner, Trina Solar US, Inc. (“Trina”), is a California company that manufactures and sells solar panels. In 2012, Trina began negotiations with Respondents, Australia-based Jasmin Solar Pty Ltd. (“Jasmin”) and Nevada-based JRC-Services LLC (“JRC”), for the sale of such solar panels. JRC acted in tandem with Jasmin in negotiating the purchase of solar panels from Trina. In November 2012, JRC executed a written sales contract (“Contract”) with Trina to purchase the solar panels. Jasmin was…

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In Arbitration Procedure

CAS Denies Russian Olympic Committee and Russian Athletes’ Challenge of two International Association of Athletic Federations Rules

by 10 Mins Read

The IAAF recently extended its ban on Russian athletes through the World Championships in London this summer, stating that Russian athletes should not expect to be reinstated until at least November of 2017. Here is a look back at the Court of Arbitration for Sport’s decision to uphold IAAF’s original suspension of Russian athletes. In its decision dated October 10, 2016 (CAS 2016/O/4684), the CAS was called upon to decide the legality of the application…

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In Arbitration Agreements

Stockholm Chamber of Commerce Publishes Report on Investor State Arbitration

by 7 Mins Read

The Arbitration Institute of the Stockholm Chamber of Commerce (“SCC”) was founded in 1917. It is part of the Stockholm Chamber of Commerce, but acts independently in its administration of domestic and international disputes. On February 2017, the SCC published a report on investor-state disputes registered at the SCC, describing among other things, the nationalities of the parties and arbitrators appointed, the basis of consent invoked by investors, the outcomes of the cases decided under…

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