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U.S.:  Fifth Circuit holds that party waived right to compel arbitration by invoking the...

Forby v. One Technologies, L.P., No. 17-10883 (5th Cir. Nov. 28, 2018) On April 24, 2015, Vickie Forby filed a class action in state...

U.S.: Second Circuit joined the Third, Fifth, Sixth, Seventh, and Ninth Circuits in recognizing...

Gen. Re Life Corp. v. Lincoln Nat'l Life Ins. Co., No. 17-2496-cv (2d Cir. Nov. 28, 2018) General Re Life Insurance Corp. ("General Re")...

U.S.: District court denies motion for stay of execution without bond and grants motion...

Stati v. Kazakhstan, No. 14-cv-1638 (D.D.C. Nov. 13, 2018) On March 23, 2018, the District Court for the District of Columbia entered judgment in favor...

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

Dye v. Tamko, No. 17-14-052 (11th Cir. Nov. 2, 2018) Two Florida residents purchased the same type of "Heritage 30" shingles (hereinafter "the shingles") from...

U.S.: District court holds that Section 1782 does not apply to private international arbitrations....

In re Servotronics, Inc., No. 2:18-mc-00364-DCN (D.S.C. Nov. 6, 2018) Plaintiff Rolls-Royce manufactured an engine that contained a valve made by Defendant Servotronics. The...

U.S.: D.C. Circuit Court of Appeals refuses to confirm arbitral award issued against the...

Diag Human S.E. v. Czech Republic – Ministry of Health, 907 F.3d 606 (D.C. Cir. Oct. 26, 2018) The Czech Republic Ministry of Health (the...

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

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...

The Year Ahead – Co-operation: States and their courts are increasing efforts to co-operate...

We are seeing increasing efforts between states and between courts to co-operate over enforcement of judgments. This is long-overdue when compared to efforts for...

ICC – More efficiency and transparency in 2019

The ICC committed itself to make arbitration proceedings more efficient and transparent. To reach this objective, the institution has introduced several new policies in...

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

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...