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In Arbitration Agreements

USA: Fifth Circuit Holds Agreement to Arbitrate in Texas Is Not Consent to Personal Jurisdiction

by 6 Mins Read

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…

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In Arbitration Agreements

USA: Tenth Circuit confirms lifting stay for refusal to pay arbitration fees

by 4 Mins Read

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…

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In North America

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

by 9 Mins Read

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…

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In Australia

TPP text released: Investment Chapter

by , and 7 Mins Read

The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each TPP State and the mechanism for investors to bring claims in the event a TPP State fails to comply with these protections. A summary of those protections and the investor-state dispute settlement (ISDS) mechanism is set out below. What is protected? The TPP Investment Chapter protects investments made by investors of…

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