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In Arbitration Agreements

Uber Wins Right to Arbitrate Customer Price-Fixing Claim and Secures Key Win for App Industry on ‘Terms of Service’ Agreements.

by 6 Mins Read

On August 17, 2017, the Second Circuit vacated a district court order denying defendants’ motion to compel arbitration of a consumer price-fixing putative class action and remanded for determination of whether participation in litigation in the district court waived defendants’ rights to arbitration.[1] The decision may have a more enduring legacy beyond enforcement of arbitration rights, however, because it represents a victory for developers of smartphone apps in obtaining judicial recognition of their terms of…

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In Arbitration Procedure

ICC and LCIA Revise Practice Notes

by 2 Mins Read

At the end of October, both, ICC and LCIA, introduced revised practice notes. Aiming to increase efficiency of the proceedings the ICC amended its 30-page “Note to Parties and Arbitral Tribunals on the Conduct of the Arbitration under the ICC Rules of Arbitration”. The ICC added a section “Expeditious Determination of Manifestly Unmeritorious Claims or Defenses”. The practice note is available on the ICC’s website (click here to view the practice note). The relevant part…

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In North America

District Court Confirms Consent Award

by and 3 Mins Read

Albtelecom SH.A v. Unifi Communications, Inc., No. 16 Civ. 9001 (S.D.N.Y. May 30, 2017) Petitioner initiated arbitration proceedings against Respondent for breach of a telecommunications contract. After the arbitration proceedings began, the parties entered into a settlement agreement and requested the arbitrator issue a consent award that would incorporate the settlement agreement. The arbitrator agreed. The award required Respondent to make certain payments to Petitioner in monthly installments. However, after the award issued, Respondent allegedly…

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In Arbitration Procedure

U.S. Second Circuit Confirms Annulled Award Cannot Be Enforced

by 6 Mins Read

Two years after its noted decision enforcing an annulled award in the Pemex[1] case, the Second Circuit again took up the issue of enforcement of an annulled award. This time, noting different facts, the Second Circuit affirmed a District Court’s decision to not enforce an annulled award that had been annulled after the original judgment of confirmation. The circumstances of this case are unique: The award was originally enforced in two secondary jurisdictions (the U.S.…

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