Post-M&A arbitration has long followed an established pattern: In the course of the transaction the buyer assesses the characteristics of the target company by way of a due diligence review and based thereon determines what the buyer considers to be an adequate value of the target company. To ensure that the target company shows the expected characteristics when the buyer takes over the company from the seller, the buyer and the seller describe in their…
The Federal Arbitration Act (FAA) reflects U.S. Congressional approval of the finality of arbitration. Indeed, the FAA and…
At the beginning of the year, the ICC announced that as of this year it will publish the…
In its last week’s decision[1], the German Federal Constitutional Court gave green light for the Comprehensive Economic and Trade Agreement (‘CETA’)[2] between the European Union (‘EU’) and Canada. CETA is one of the three free trade agreements hotly debated in politics and industry (the other two being ‘TTIP'[3] and ‘TPP'[4]). On 18 October 2016 the Council of the EU plans to adopt a package of decisions on CETA[5], explicitly decisions which fall under the exclusive…
The court’s power to make appointments to an arbitral tribunal and the limitations it faces under the Arbitration…
On August 30, 2016, the ABA Section of International Law will hold a teleconference entitled “CAS”: The “Supreme…
This article is about two phenomena which currently impact the business of dispute resolution: The Vanishing Trial and the 30-70 %-Disease. What lies behind those two catch-words and why are both highly relevant for arbitration practitioners? Here is the proposed answer: The Vanishing Trial has been a long established phenomenon in the United States where the number of actually tried cases has been falling sharply for decades. Now, this trend is spotted in Germany as…
Over the course of 2016, arbitral institutions around the globe have published their case load statistics for 2015.…
California continued its ongoing debate on arbitrations and class actions in July when its Supreme Court held that in some…
In Sgouros v. TransUnion Corp., No. 15-1371 (7th Cir. Mar. 25, 2016), the Seventh Circuit Court of Appeals declined to enforce a website’s arbitration clause because it failed to provide the site’s users with reasonable notice that an online purchase manifested assent to its terms. Plaintiff, Gary Sgouros, tried to purchase an online credit score from Defendant, TransUnion, in an effort to negotiate a favorable loan and purchase a car. But the score that Plaintiff bought was “useless” because it was…