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Consent to Arbitrate

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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 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…

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, must decide whether an arbitration agreement permits class arbitration. This case is important because it rejects a universal rule on who should be the decision-maker in favor of a case-by-case analysis. In Sandquist v. Lebo Automotive, Inc., No. S220812 (Cal. July 28, 2016), the California Supreme Court did not address the…

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 class arbitration is a gateway question of arbitrability for the court, not arbitrators, to decide. Roger and Mary Jo Carlson (“Plaintiffs”), and the PulteGroup, Inc.’s subsidiary, Del Webb Communities, Inc. (“Defendants”) were parties to a sales agreement. Defendants were to purchase a lot and construct a home for Plaintiffs in Hilton Head, South…

In January 2016, the German Federal Supreme Court had to deal with the question whether an arbitral tribunal has jurisdiction to decide on a claim if the parties agreed on expert determination proceedings prior to arbitration but the claimant directly filed a request for arbitration. The Federal Supreme Court ruled that a pactum de non petendo included in an agreement on expert determination does not affect the arbitral tribunal’s competence to rule on a claim…