North America Archives

In Arbitrability

U.S.: Fourth Circuit directs district court to compel arbitration where agreement contained clear and unmistakable language providing the arbitrator with the power to determine his or her jurisdiction.

March 28, 2019 by 2 Mins Read

Novic v. Credit One Bank, N.A., No. 17-2168 (4th Cir. Jan 4, 2019) [click for opinion] Charleene Novic had entered into a credit agreement to obtain a credit card with Credit One Bank, N.A. (“Credit One”). The Cardholder Agreement contained an arbitration provision with a clause delegating authority to the arbitrator: “Claims subject to arbitration include . . . disputes related to . . . the application, enforceability or interpretation of this Agreement, including this…

In Arbitrability

U.S.: District court grants motion to compel arbitration in accordance with broad arbitration clause that provides that an arbitrator must decide the threshold issue of whether a dispute is arbitrable.

March 26, 2019 by 3 Mins Read

SteppeChange LLC v. VEON Ltd., No. 18-cv-04842 (N.D. Cal. Dec. 5, 2018) [click for opinion] Plaintiff SteppeChange, LLC…

In Arbitration Agreements

U.S.: Appellate court reverses trial court order compelling arbitration, finding parties did not enter a valid mutual agreement to arbitrate.

March 25, 2019 by 4 Mins Read

Skuse v. Pfizer, Inc., No. A-3027-17T4 (N.J. Super. Ct. App. Div. Jan. 16, 2019) [click for opinion] In…

In North America

U.S.: Appellate court vacates corrected partial final arbitration award and final arbitration award on the grounds that the panel exceeded its authority by reconsidering its initial partial arbitration award.

February 20, 2019 by Amanda Praestholm 4 Mins Read

Am. Int’l Specialty Lines Ins. Co. v. Allied Capital Corp., Index. No. 656341/16, 2018 NY Slip Op 07194 (N.Y. App. Div. Oct. 25, 2018) [click for opinion] This appeal arose out of the settlement of a separate litigation in which respondent Allied Capital Corporation (“Allied”) agreed to pay the government $10.1 million. Allied, which maintained two insurance policies with American International Specialty Lines Insurance Company (“AISLIC”), treated its payment of the $10.1 million as a…

In Arbitration Agreements

U.S.: Fifth Circuit holds that party waived right to compel arbitration by invoking the judicial process and because Plaintiff was prejudiced in her legal position.

February 18, 2019 by 3 Mins Read

Forby v. One Technologies, L.P., No. 17-10883 (5th Cir. Nov. 28, 2018) [click for opinion] On April 24,…

In North America

U.S.: Second Circuit joined the Third, Fifth, Sixth, Seventh, and Ninth Circuits in recognizing an exception to the functus officio doctrine where an arbitral award failed to address a contingency that later arises or when the award is susceptible to more than one interpretation.

February 14, 2019 by Laura Kelly and David Zaslowsky 5 Mins Read

Gen. Re Life Corp. v. Lincoln Nat’l Life Ins. Co., No. 17-2496-cv (2d Cir. Nov. 28, 2018) [click…

In North America

U.S.: District court denies motion for stay of execution without bond and grants motion to execute on judgment confirming foreign arbitral award.

February 11, 2019 by 4 Mins Read

Stati v. Kazakhstan, No. 14-cv-1638 (D.D.C. Nov. 13, 2018) [click for opinion] On March 23, 2018, the District Court for the District of Columbia entered judgment in favor of Petitioners Anatolie Stati, Gabriel Stati, Ascom Group, S.A., and Terra Raf Trans Trading Ltd. (the “Stati Parties”) confirming a foreign arbitral award of approximately $500 million against Respondent, the Republic of Kazakhstan. On April 9, 2018, Kazakhstan appealed that ruling to the D.C. Circuit Court of Appeals.…

In Arbitration Procedure

U.S.: District court holds that Section 1782 does not apply to private international arbitrations.

February 5, 2019 by Baker McKenzie 2 Mins Read

In re Servotronics, Inc., No. 2:18-mc-00364-DCN (D.S.C. Nov. 6, 2018) [click for opinion] Plaintiff Rolls-Royce manufactured an engine…

In Czech Republic

U.S.: D.C. Circuit Court of Appeals refuses to confirm arbitral award issued against the Czech Republic’s Ministry of Health, finding award was not binding on parties.

February 4, 2019 by Kyle Olson and David Zaslowsky 5 Mins Read

Diag Human S.E. v. Czech Republic – Ministry of Health, 907 F.3d 606 (D.C. Cir. Oct. 26, 2018) [click for opinion] The Czech Republic Ministry of Health (the “Czech Republic”) and blood plasma business Diag Human, S.E. (“Diag Human”), have been in a dispute spanning nearly three decades. The feud began after the Czech Republic’s then-Minister of Health, in the early 1990s, allegedly violated unfair competition laws by sending a letter to Diag Human’s major business…