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The Year Ahead – Competition: Governments are increasingly aware of the competition for international...

Governments around the world are becoming increasingly aware of the competition that exists for international disputes work, between and amongst national courts and arbitral...

Canada: Ontario Court of Appeal invalidates arbitration clause requiring arbitration in foreign jurisdiction

In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in Heller v. Uber Technologies Inc., 2019...

U.S.: Eleventh Circuit establishes a two-part test for the independent issues of whether a...

Outokumpu Stainless USA, LLC, et al. v. Converteam SAS, No. 17-10944 (11th Cir. 2018) Plaintiff Outokumpu Stainless, LLC ("Outokumpu"), through its predecessor ThyssenKrupp Stainless...

US: District court denies motion to compel arbitration because Defendant was a non-signatory to...

Thompson v. AT&T Serv., Inc., No. 17 C 3607 (N.D. III. Sept. 24, 2018) Plaintiff brought suit against several Defendants, including AT&T Services, Inc. ("AT&T"),...

Canada: Alberta Court of the Queen’s Bench still split on whether it has jurisdiction...

When multiple international commercial arbitration proceedings are initiated between the same parties, does the court have jurisdiction to consolidate the proceedings without the consent...

Quo Vadis Party-appointed Experts?

The never-ending clash between the Civil Law and Common Law traditions in international arbitration took center-stage once again in 2018, with the introduction of...

U.S.: New Jersey appellate court holds that arbitration clause failed to include sufficiently clear...

Kiraly v. Forcepoint, Inc., No. A-2676-17T1 (N.J. Super. Ct. App. Div. Oct. 2, 2018) In January 2015, Plaintiff was hired by Defendant Forcepoint, Inc. as...

U.S.: New York appellate court reverses decision overturning an international arbitration award for manifest...

Daesang Corp. v NutraSweet Co., 2018 NY Slip Op 06331 (App. Div. 1st Dept. 2018) A dispute between Daesang Corporation ("Daesang") and the NutraSweet Company...

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...