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Consent to Arbitrate

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...

USA: Fifth Circuit finds arbitration agreement illusory without advance notice of termination

In Nelson v. Watch House Int’l, L.L.C., No. 15-10531 (5th Cir. Mar. 2, 2016), the Fifth Circuit found an employee handbook's arbitration agreement illusory and unenforceable...

USA: Fourth Circuit holds consent to class arbitration is a question for courts

In Dell Webb Communities, Inc. v. Carlson, No. 45-1385 (4th Cir. Dec. 9, 2015), the Fourth Circuit held that whether parties gave consent to...

Subpar submarine subcontract: recent decision of the English court on the incorporation of arbitration...

One of the central questions considered by the court in Barrier Limited v Redhall Marine Limited EWHC 381 (QB) was whether an arbitration...

Compatibility of Intra-EU BITs with EU Law

Are offers to arbitrate in BITs (Bilateral Investment Treaties) between EU member states compatible with the laws of the European Union? On 3 March...

Germany: Pactum de Non Petendo in Agreement on Expert Determination Does Not Exclude Jurisdiction...

In January 2016, the German Federal Supreme Court had to deal with the question whether an arbitral tribunal has jurisdiction to decide on a...