North America

U.S. Supreme Court Enforces Another Arbitration Clause with a Class Action Waiver in DirectTV,...

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The U.S. Supreme Court has once again spoken decisively in favor of class action waivers in arbitration agreements. In DirecTV, Inc. v. Imburgia, the...

SDNY holds vacatur for manifest disregard requires intentional defiance of the law

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In NS United Kaiun Kaisha Ltd. v. Cogent Fibre Inc., No. 15 Civ. 1784, 2015 U.S. Dist. LEXIS 91858 (S.D.N.Y. July 14, 2015), the...

California Supreme Court clarifies standard for unconscionability challenges to arbitration clauses

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In Sanchez v. Valencia Holding Company, LLC, No. S199119 (Cal. Sup. Ct. Aug. 3, 2015), the California Supreme Court clarified that, although the Federal Arbitration Act...

How much is too much? Rules for pre-appointment interviews between a party and a...

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"Would you, dear arbitrator candidate, be prepared to meet with my client? They really want to know beforehand the person who will ultimately decide...

TPP text released: Investment Chapter

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The much awaited text of the TPP has been released.  As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each...

The ICC Court Decides to Provide Parties With Reasons for Administrative Decisions

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Most major international arbitration rules require that an award rendered by a tribunal include the reasons upon which it is based.See, e.g., International Court...

TPP: ISDS included in the final deal

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Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between 12 Pacific Rim nations, including Australia,...

Multi-Party Arbitrations – A Practical Guide

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Nowadays high value M&A transactions and project structures can be very complex, in particular involving a number of parties based in different jurisdictions who...

A New “Investment Court System” – Reasonable Proposal or Nonstarter?

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On Sept. 16, 2015, the European Union launched a proposal for a new "Investment Court System" which shall be competent to hear investor-state disputes,...

USA: Court holds Section 1782 does not authorize assistance with discovery in aid of...

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In an April 2015 decision, In re Application of Grupo Unidos por el Canal S.A., a California district court held that Section 1782 does not authorize...