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In Arbitrability

U.S. Supreme Court to Decide Whether Employment Arbitration Provisions Containing Class & Collective Action Waivers Violate the NLRA

by 3 Mins Read

As a condition of employment, employers often require their employees to sign arbitration agreements requiring that all employment related disputes be resolved by means of individual, rather than collective, arbitration.  Employers that include class and collective action waivers in their arbitration agreements will soon learn, definitively, whether such provisions are lawful.On January 13, 2017, the United States Supreme Court granted certiorari in three cases to decide whether an agreement to submit workplace disputes to individual…

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In International Investment

U.S. Court rejects public policy objections and affirms enforcement of international arbitral award against Nigeria

by 4 Mins Read

In 1999, Enron Nigeria Power Holding, Ltd (“ENPH”) entered into a power purchase agreement (“PPA”) with Nigeria, Lagos State, and the National Electric Power Authority of Nigeria. The PPA envisioned construction of electricity generation units in three phases, however, shortly after its execution, the PPA was deemed invalid by the Nigerian Attorney General and had to be amended. Phases I and III of the PPA were sold to another entity, while ENPH retained its Phase…

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In Asia-Pacific

10th Anniversary Edition of International Arbitration Yearbook – now available!

by 2 Mins Read

Baker McKenzie has released the 10th anniversary edition of its annual International Arbitration Yearbook, an in-depth report reviewing significant developments in international arbitration over the past 10 years across 47 jurisdictions. Section A of each country chapter gives an overview of legislative changes affecting arbitration over the past decade, and also covers relevant arbitral institutions and the development of their rules. Section B summarizes important court decisions over the period, covering those that are noteworthy…

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In North America

US Ninth Circuit Court of Appeals reverses district court and vacates arbitration award based on deceitful conduct of Tribunal chair despite expiration of time period for challenge.

by 4 Mins Read

The Ninth Circuit Court of appeals reversed a district court’s refusal to vacate an arbitration award for improper conduct by the Tribunal chairman, finding that the three-month challenge period was extended by equitable tolling. Plaintiff held an investment account with Defendant and entered into a “Client Agreement” requiring it to bring all claims or controversies under the agreement to arbitration before any self-regulatory organization or exchange of which Defendant is a member. Plaintiff later commenced…

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