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In Arbitration Agreements

U.S.: New Jersey appellate court holds that arbitration clause failed to include sufficiently clear waiver of Plaintiff’s right to litigate claims in court and reverses order dismissing complaint and compelling arbitration.

by 3 Mins Read

Kiraly v. Forcepoint, Inc., No. A-2676-17T1 (N.J. Super. Ct. App. Div. Oct. 2, 2018) [click for opinion] In January 2015, Plaintiff was hired by Defendant Forcepoint, Inc. as a member of its sales force. In November 2015, Plaintiff was terminated. Plaintiff brought an action under the New Jersey Law Against Discrimination and also brought a common law claim for malicious interference with economic relations. In her complaint, Plaintiff alleged sexual harassment, gender discrimination, and a hostile…

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In Arbitration Agreements

U.S.: District court holds it has personal jurisdiction over non-signatory to an arbitration agreement.

by and 4 Mins Read

Recom Corp. v. Miller Bros., No. 16-3320, (D.N.J. Aug. 16, 2018) [click for opinion] In June 2014, electrical contractor Miller Brothers (“Miller”) entered into a supply agreement with Recom Corp. to purchase solar panels for three construction projects in New Jersey. The supply agreement defined the “Contractor” as Miller and the “Vendor” as “Recom Corp…. its parents, subsidiaries, affiliates and assigns.” Recom Corp. did not procure the solar panels itself, despite being a party to…

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In Arbitration Procedure

New HKIAC Administered Arbitration Rules further enhance efficiency of arbitrations

by 6 Mins Read

The Hong Kong International Arbitration Centre (HKIAC) has announced that the new version of its Administered Arbitration Rules (2018 Rules) will come into force on 1 November 2018. The 2018 Rules can be found here. The 2018 Rules introduce a raft of important and useful amendments including rules facilitating complex arbitrations, a procedure for an early determination of points of law or fact, shorter time limits under the emergency arbitrator procedures, third party funding provisions,…

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In North America

U.S.: District court holds that enforcement of award requiring a foreign sovereign to recognize an energy concession in its own territorial waters would violate US public policy.

by and 5 Mins Read

Hardy Exploration & Prod. (India), Inc. v. Gov’t of India, Ministry of Petroleum & Natural Gas, Civil Action No. 16-140 (D.D.C. June 7, 2018) [click for opinion] In 1997, Hardy Exploration & Production (India), Inc. (“HEPI”) entered into a contract with the Government of India (“India”) that would allow HEPI to search for and potentially extract hydrocarbons from an area off of India’s southeastern coast (the “Block”). The contract provided that if HEPI found crude…

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