Search for:
Category

North America

Category
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.

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 (“SteppeChange”) a California-based tech company, was involved in two projects, under two separate oral agreements, with Dutch cellular phone and data service provider VEON Ltd. (“VEON”), and its Italian subsidiary, Wind Tre S.p.A. (“Wind” and collectively with VEON, “Defendants”). The first project involved developing a customer messaging platform (the “Button Project”), and the second involved developing a…

Read More
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.

by 3 Mins Read

Forby v. One Technologies, L.P., No. 17-10883 (5th Cir. Nov. 28, 2018) [click for opinion] On April 24, 2015, Vickie Forby filed a class action in state court in Illinois against One Technologies, L.P. (“One Tech”) for violation of the Illinois Consumer Fraud and Deceptive Business Practices Act (“ICFA”). The case was later removed to the United States District Court for the Southern District of Illinois. In the notice of removal, One Tech did not…

Read More
In Arbitration Agreements

U.S.: Eleventh Circuit upholds enforceability of a mandatory arbitration provision in a shrinkwrap agreement on shingle packaging.

by 3 Mins Read

Dye v. Tamko, No. 17-14-052 (11th Cir. Nov. 2, 2018) [click for opinion] Two Florida residents purchased the same type of “Heritage 30” shingles (hereinafter “the shingles”) from Tamko Building Products (“Tamko”) for their respective roofs. The shingles came with a 30-year limited warranty, the language of which was printed in full on the outside wrapper of each shingle package. This limited warranty contained a mandatory arbitration clause that was also printed in its entirety, and…

Read More
In Asia-Pacific

The Year Ahead – Regional Developments: What are the key developments across the regions?

by , and 13 Mins Read

Asia Pacific Australia Final report of government inquiry into banking and financial services A Government inquiry is examining standards and misconduct in the banking and financial services industry, with a final report due by 1 February 2019. Financial institutions have already been served with legal proceedings (including class actions) arising from the inquiry, which is expected to continue. First year of Trans-Pacific Partnership Australia has ratified the Comprehensive and Progressive Agreement for Trans-Pacific Partnership, along…

Read More
Load More