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In Arbitration Agreements

U.S.: District court refuses to stay a New York arbitration proceeding between French and German companies despite a pending arbitration in Paris, and requires participation by a non-signatory to the arbitration agreement.

by 4 Mins Read

Safran Elec. & Defense SAS v. iXblue SAS, No. 1:18-cv-07220 (S.D.N.Y. Feb. 6, 2019) [click for opinion] In 1993, the predecessor of iXblue SAS (“iXblue), a navigation imaging company organized in France, licensed certain fiber-optic gyroscope (“FOG”) “know how” to the predecessor of Safran Electronics & Defense SAS (“SED”), a French avionics and electronics supplier. The license agreement contained an arbitration clause covering any disputes arising between the parties related to the agreement. That clause…

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In Asia-Pacific

International Arbitration Yearbook, 12th Edition – now available!

by 1 Min Read

We are pleased to announce that the twelfth edition of The Baker McKenzie International Arbitration Yearbook is now available. This edition reviews important developments in arbitration in the past year across 45 jurisdictions, including changes to the settlement of investor-State disputes, the ongoing uncertainty around the future of intra-EU BITs following the European Court of Justice’s decision in Achmea, the continued push for procedural efficiency, and revised national laws relating to the funding of arbitration…

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In Arbitrability

U.S.: District court recognizes as preclusive final, non-appealable Singapore judgment holding that parties had no agreement to arbitrate.

by and 4 Mins Read

China Shipping Container Lines Co. Ltd. v. Big Port Serv. DMCC, No. 15 Civ. 2006 (S.D.N.Y. Jan. 15, 2019) [click for opinion] Through a series of subcontracts, Big Port Service DMCC (“BPS”) supplied marine fuel oil to a vessel owned by CSCL Container Lines Co. Ltd. (“CSCL”). After one of the intermediary contractual parties’ affiliates filed for bankruptcy, BPS sought payment of its outstanding invoice directly from CSCL. However, BPS’s contract to supply the fuel—and…

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In Arbitration Agreements

U.S.: Second Circuit holds that arbitration provision did not become part of contract where plaintiff did not have reasonable notice of it and manifest his assent to it.  

by 5 Mins Read

Starke v. SquareTrade, Inc., No. 17-2474-cv (2d Cir. Jan. 10, 2019) [click for opinion] In January 2016, Plaintiff purchased a 2-Year Electronics Protection Plan (the “Protection Plan”) from SquareTrade to protect a CD player that he purchased from Staples. Plaintiff purchased this Protection Plan online through Amazon. The Amazon purchase page advised Plaintiff that his “Service Contract [would] be delivered via email … from SquareTrade Warranty Services … within 24 hours of purchase.” The purchase…

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