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In Arbitration Procedure

Discovery. Ninth Circuit holds that the Federal Arbitration Act does not grant arbitrators the power to compel the production of documents from third parties outside of a hearing.

by 3 Mins Read

Vividus LLC v. Express Scripts, Inc., No. 16-16187 (9th Cir. Dec. 21, 2017) [click for opinion] Petitioners-Appellants Vividus, LLC f/k/a HM Compounding Services and HMX Services, LLC (collectively, “HMC”) and other individuals filed suit in New York state court against a number of pharmacy benefit managers, including Express Scripts and CVS/Caremark Corp., alleging violations of antitrust laws. The case was removed to the U.S. District Court for the Eastern District of New York, where the…

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In North America

Suing A Sovereign? Consider The Correct Venue in U.S. Federal Court

by 6 Mins Read

Before bringing an action in a U.S. federal court, a party should examine various considerations. Venue is one such consideration that is often overlooked. Even if a court has personal jurisdiction over an entity and subject matter jurisdiction over the matter to be decided, the question of whether the court is the appropriate venue still must be evaluated. In short, venue asks whether the court hearing the matter has a substantial connection to the dispute.…

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In Arbitration Agreements

Enforcement of Arbitration Clause by Non-Signatories. Ninth Circuit refuses to compel arbitration by a non-signatory to the arbitration agreement.

by and 5 Mins Read

Yang v. Majestic Blue Fisheries, LLC, No. 15-16881 (9th Cir. Nov. 30, 2017) [click for opinion] Mr. Yang was a fisherman on a vessel owned by Majestic Blue Fisheries, LLC (“Majestic”), a Delaware entity and affiliate of Dongwon Indus. Co., Ltd. (“Dongwon”), a Korean entity. Although Majestic owned the vessel, Dongwon was required to supply the vessel’s crew and to supervise the vessel’s repair and maintenance. Despite known mechanical issues with the vessel, on May…

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In Arbitration Procedure

LCIA Updates Guidelines on Tribunal Secretaries

by 7 Mins Read

Overview Following debate within the arbitration community regarding the proper scope of the role of a tribunal secretary and a series of challenges to arbitral awards based on the alleged improper exercise of that role, the London Court of International Arbitration (“LCIA”) recently updated its Notes for Arbitrators, with a particular focus on implementing new guidelines on the use of tribunal secretaries (cf. short note on ICC’s and LCIA’s Revised Practice Notes). These changes primarily…

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