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Supreme Court of Canada finds Uber arbitration clause is unconscionable

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In Uber Technologies Inc. v. Heller, 2020 SCC 16 ("Uber v. Heller") the Supreme Court of Canada upheld the Ontario Court of Appeal's decision...

The Paris Court of Appeal confirms arbitrators’ application of UNIDROIT principles in the absence...

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Paris Court of Appeal, 25 February 2020, No. 17/18001 Prakash Steelage Ltd. ("Prakash Steelage" or "Respondent"), an Indian company, entered into a sale agreement with...

Brought to the party: the English Court’s jurisdiction over non-party witnesses in arbitral proceedings

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The Court of Appeal has confirmed that the Court has jurisdiction to compel the evidence of third party witnesses in arbitration proceedings under s....

Second Circuit Court: Non-party class members bound by arbitrator’s determination on class arbitrability

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In a recent decision (Jock v. Sterling Jewelers Inc., No. 18-153-cv (2d Cir. Nov. 18, 2019)), the United States Court of Appeals for the...

U.S.: Eleventh Circuit upholds enforceability of a mandatory arbitration provision in a shrinkwrap agreement...

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Dye v. Tamko, No. 17-14-052 (11th Cir. Nov. 2, 2018) Two Florida residents purchased the same type of "Heritage 30" shingles (hereinafter "the shingles") from...

Turkey: “Mandatory Mediation” Not Mandatory For Parties Who Choose Arbitration

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Recent Development The Law on the Execution Proceedings for the Collection of Monetary Receivables Arising out of Subscription Agreements No. 7155 (”Law”) was published in...

U.S.: District court holds it has personal jurisdiction over non-signatory to an arbitration agreement.

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Recom Corp. v. Miller Bros., No. 16-3320, (D.N.J. Aug. 16, 2018) In June 2014, electrical contractor Miller Brothers ("Miller") entered into a supply agreement...

U.S.: District court dismisses class action based on Telephone Consumer Protection Act upon finding...

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Johnson v. Uber Technologies, Inc., No. 16 C 5468 (N.D. III. Sep. 20, 2018) Plaintiff Charles Johnson sued Uber Technologies, Inc. ("Uber") for sending...

EU Court thwarts prompt ratification of EU-Singapore Free Trade Agreement

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In a legal Opinion handed down on 16 May 2017, the Court of Justice of the European Union ("CJEU") declared that the free trade...

US court confirms international arbitral award against non-signatory.

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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...