North America Archives

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…

In Asia-Pacific

The Year Ahead – Competition: Governments are increasingly aware of the competition for international disputes work

January 22, 2019 by Ben Roe 4 Mins Read

Governments around the world are becoming increasingly aware of the competition that exists for international disputes work, between…

In Arbitration Agreements

Canada: Ontario Court of Appeal invalidates arbitration clause requiring arbitration in foreign jurisdiction

January 14, 2019 by 3 Mins Read

In its first decision of 2019, the Ontario Court of Appeal has overturned the lower court’s decision in…

In Arbitration Agreements

U.S.: Eleventh Circuit establishes a two-part test for the independent issues of whether a district court has jurisdiction upon removal under the New York Convention and whether a non-signatory party to an arbitration agreement may compel a signatory party to arbitrate.

January 3, 2019 by 4 Mins Read

Outokumpu Stainless USA, LLC, et al. v. Converteam SAS, No. 17-10944 (11th Cir. 2018) [click for opinion] Plaintiff Outokumpu Stainless, LLC (“Outokumpu”), through its predecessor ThyssenKrupp Stainless USA LLC, entered into three agreements to purchase from a company called Fives three “cold running mills” (“CRMs”) (the “Contracts”). All three Contracts contained arbitration clauses. They also contained a provision stating that the terms would be binding on subcontractors. Fives entered into a subcontract with GE Energy…

In Arbitration Agreements

US: District court denies motion to compel arbitration because Defendant was a non-signatory to the relevant arbitration agreement and Plaintiff did not meet its burden in showing that it was acting as agent for one of the other signatories.

January 2, 2019 by Laura Kelly and David Zaslowsky 4 Mins Read

Thompson v. AT&T Serv., Inc., No. 17 C 3607 (N.D. III. Sept. 24, 2018) [click for opinion] Plaintiff brought…

In Arbitration Procedure

Canada: Alberta Court of the Queen’s Bench still split on whether it has jurisdiction to consolidate arbitration proceedings without all parties’ consent

December 20, 2018 by Christina Doria and Faye Williams 5 Mins Read

When multiple international commercial arbitration proceedings are initiated between the same parties, does the court have jurisdiction to…

In Arbitration Procedure

Quo Vadis Party-appointed Experts?

December 18, 2018 by Dr. Markus Altenkirch and Rishabh Raheja 6 Mins Read

The never-ending clash between the Civil Law and Common Law traditions in international arbitration took center-stage once again in 2018, with the introduction of the Inquisitorial Rules on the Taking of Evidence in International Arbitration, or the “Prague Rules”. Lawyers from the Civil Law tradition, increasingly dissatisfied with the IBA Rules on the Taking of Evidence in International Arbitration, introduced the Prague Rules as an alternative to the “adversarial approach” embodied in the IBA Rules.…