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

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

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.

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...

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

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.

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...

U.S. Court of Appeals for the Ninth Circuit rejects effort to compel arbitration based...

In Norcia, Plaintiff filed a putative class action against Samsung, alleging that it made misrepresentations as to the performance of the Galaxy S4 phone....

U.S. Fifth Circuit Allows Receiver to Avoid Arbitration Clauses

On January 31, 2017, the Fifth Circuit Court of Appeals authorized a court-appointed Receiver to avoid arbitration clauses contained in employment and employment-related agreements. ...

California Supreme Court: No Universal Rule on Deciding Class Arbitration Availability

California continued its ongoing debate on arbitrations and class actions in July when its Supreme Court held that in some cases an arbitrator, not the court,...

USA: Seventh Circuit finds website’s arbitration clause failed to provide reasonable notice to users

In Sgouros v. TransUnion Corp., No. 15-1371 (7th Cir. Mar. 25, 2016), the Seventh Circuit Court of Appeals declined to enforce a website's arbitration clause because...