North America Archives

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, 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…

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…

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…

In Asia-Pacific

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

January 31, 2019 by Ben Roe, Steve Adams and Nestor Gadrinab 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…

In Asia-Pacific

The Year Ahead – Co-operation: States and their courts are increasing efforts to co-operate over enforcement of judgments

January 28, 2019 by Ben Roe 5 Mins Read

We are seeing increasing efforts between states and between courts to co-operate over enforcement of judgments. This is…

In Arbitration Procedure

ICC – More efficiency and transparency in 2019

January 24, 2019 by Dr. Markus Altenkirch and Malika Boussihmad 3 Mins Read

The ICC committed itself to make arbitration proceedings more efficient and transparent. To reach this objective, the institution…

In Arbitrability

US Supreme Court Rejects A “Wholly Groundless” Exception To Clauses Delegating Arbitrability

January 23, 2019 by Mike Leggieri 3 Mins Read

To paraphrase Pharaoh Ramses II, so it is written, so it shall be done. In Schein, Inc. v. Archer and White Sales, Inc., 586 U.S. __ (January 8, 2019), the first opinion by Justice Kavanaugh, a unanimous Supreme Court reiterated this principle of the Federal Arbitration Act. Specifically, the Court confirmed that when an arbitration agreement delegates to an arbitrator the question of whether the agreement applies to a particular dispute, courts have no power to decide…