Home North America

North America

LCIA publishes its facts and figures: The 2017 Casework Report

The London Court of International Arbitration (the "LCIA") has recently published its Casework Report for 2017 which contains statistics on its performance last year....

Minimising your M&A risk: top ten tips from transactional and disputes specialists

In many M&A transactions litigators become involved only after a dispute has arisen. However, a litigator’s experience in handling post-M&A disputes can give them...

Foreign Sovereign Immunities Act. District court clarifies procedure for serving foreign states and explains...

Berkowitz v. Republic of Costa Rica, No. 17-148 (D.D.C. Jan. 20 2018) In the early 1990s, the government of Costa Rica became increasingly concerned...

Enforcement of Arbitration Agreement. District court dismisses Defendant’s arbitrable counterclaims and stays Plaintiffs’ non-arbitrable...

West African Ventures Limited v. Ranger Offshore, No. 4:17-CV-00548 (S.D. Tex. Jan. 24, 2018) Plaintiffs, West African Ventures Limited and Sea Trucks Group FZE,...

Discovery. Ninth Circuit holds that the Federal Arbitration Act does not grant arbitrators the...

Vividus LLC v. Express Scripts, Inc., No. 16-16187 (9th Cir. Dec. 21, 2017) Petitioners-Appellants Vividus, LLC f/k/a HM Compounding Services and HMX Services, LLC...

U.S.: Currency of Awards

Leidos, Inc. v. Hellenic Republic, No. 17-7082 (D.C. Cir. Dec. 6, 2017) The case arises from an arbitration award won by Leidos, Inc. against...

District court confirms arbitration award, denying plaintiff’s claims that the arbitrator exceeded his powers...

Weirton Med. Ctr., Inc. v. Cmty. Health Sys., No. 5:15-cv-00132 (N.D.W. Va. Dec. 12, 2017) Plaintiff Weirton Medical Center ("Weirton"), a hospital in West...

Suing A Sovereign? Consider The Correct Venue in U.S. Federal Court

Before bringing an action in a U.S. federal court, a party should examine various considerations. Venue is one such consideration that is often overlooked....

Arbitrability – Oregon federal court denies motion to stay proceedings pending arbitration, claiming there...

Meduri Farms, Inc. v. DutchTecSource B.V., No. 3:17-cv-906 (D. Or. Dec. 5, 2017) Plaintiff Meduri Farms, Inc. ("Meduri"), an Oregon-based dried fruit producer, filed...

Fourth Circuit holds that parties delegated question of arbitrability to arbitrator by incorporating JAMS...

Simply Wireless, Inc. v. T-Mobile US, Inc., No. 16-1123 (4th Cir. Dec. 13, 2017) In Simply Wireless, the Fourth Circuit reviewed a district court's...