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Edmundson v. Klarna, S.A., No. 22-557-cv, 85 F. 4th 695 (2d Cir. 2023)[1] Factual Background Klarna, Inc. offers online shoppers the opportunity to purchase products and, free of any interest or fees, repay Klarna for the balance in regular instalments. Najah Edmundson used those services in 2021, and Klarna collected the instalments from her checking account shortly thereafter. Edmundson’s account balance, however, was deficient at the time of collection, so the financial institution associated with her…

The Court of Appeal has confirmed that the Court has jurisdiction to compel the evidence of third party witnesses in arbitration proceedings under s. 44(2)(a) of the Arbitration Act 1996. However, the Court’s jurisdiction against third parties in respect of other powers under s. 44 remains an open question for future judicial development. Introduction England and Wales has long been known as an arbitration-friendly jurisdiction. That reputation is in part founded upon the tools available…

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 the National Gazette on December 19, 2018. The Law regulates the mediation process as a threshold requirement for commercial cases to be heard as of January 1, 2019. What’s New? Article 20 of the Law stipulates that the parties must have triggered the mediation process before applying to commercial courts…

In a legal Opinion handed down on 16 May 2017, the Court of Justice of the European Union (“CJEU”) declared that the free trade agreement signed between the EU and Singapore in June 2015 cannot be ratified without the approval of all 38 of the EU’s national and regional parliaments. Given the broad subject-matter of the agreement, including potentially controversial provisions regarding investor-State dispute settlement, might this decision spell the end of the EU’s fledgling…