The costs of international arbitration can be substantial. At the same time, an arbitral tribunal has a broad discretion regarding the question: Which party has to bear the costs of the arbitration? Against this background, the ICC Commission’s Task Force of Decisions as to Costs has reviewed hundreds of arbitral awards and has analysed in what manner arbitral tribunals exercise their discretion. The results were compiled in the ICC Commission Report “Decisions on Costs in…
On January 26, CPR announced a new Steering Committee for its Young Attorneys in Alternative Dispute Resolution Program…
In Brennan v. Opus Bank, 796 F.3d 1125 (9th Cir. 2015), the Ninth Circuit held that express incorporation…
In Int’l Energy Ventures Mgmt., L.L.C. v. United Energy Grp., Ltd., 2015 U.S. App. LEXIS 14773 (5th Cir. Aug. 21, 2015), the Fifth Circuit held, inter alia, that an agreement to arbitrate in a forum does not constitute consent to personal jurisdiction to adjudicate other claims in that forum. Plaintiff International Energy Ventures Management, L.L.C. (“IEVM”) filed an action against Defendants United Energy Group, Limited (“UEG”) and Sean Mueller (“Mueller”) in Texas state court, alleging…
In Goldman, Sachs & Co. v. Athena Venture Partners, L.P., No. 13-3461 (3d Cir. Sept. 29, 2015), the…
On August 4, 2015, the D.C. Circuit issued a decision in Chevron Corp. v. Republic of Ecuador, 795 F.3d 200…
In Pre-Paid Legal Services, Inc. v Cahill, No. 14-7032 (10th Cir. May 26, 2015), the U.S. Court of Appeals for the Tenth Circuit held that a district court properly lifted a stay of proceedings pending arbitration based on a party’s refusal to pay arbitration fees. Pre-Paid Legal Services (“Pre-Paid”) sued Todd Cahill (“Cahill”), its former employee, for allegedly violating the parties’ non-compete agreement. Pre-Paid brought its action in Oklahoma state court. Cahill removed the action to federal district…
In a July 28, 2015 decision in Katz v. Cellco Partnership, dba Verizon Wireless, 794 F.3d 341 (2d Cir. 2015),…
The U.S. Supreme Court has once again spoken decisively in favor of class action waivers in arbitration agreements.…
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 U.S. District Court for the Southern District of New York (the “Southern District”) rejected a manifest disregard challenge and confirmed an $11.6 million international arbitration award, including a substantial award of attorneys’ fees. NS United Kaiun Kaisha, Ltd. (“NSU”), headquartered in Japan, provides international maritime transportation services for raw materials. Cogent Fibre…