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In North America

U.S.: Appellate court vacates corrected partial final arbitration award and final arbitration award on the grounds that the panel exceeded its authority by reconsidering its initial partial arbitration award.

by 4 Mins Read

Am. Int’l Specialty Lines Ins. Co. v. Allied Capital Corp., Index. No. 656341/16, 2018 NY Slip Op 07194 (N.Y. App. Div. Oct. 25, 2018) [click for opinion] This appeal arose out of the settlement of a separate litigation in which respondent Allied Capital Corporation (“Allied”) agreed to pay the government $10.1 million. Allied, which maintained two insurance policies with American International Specialty Lines Insurance Company (“AISLIC”), treated its payment of the $10.1 million as a…

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In North America

U.S.: District court holds that enforcement of award requiring a foreign sovereign to recognize an energy concession in its own territorial waters would violate US public policy.

by and 5 Mins Read

Hardy Exploration & Prod. (India), Inc. v. Gov’t of India, Ministry of Petroleum & Natural Gas, Civil Action No. 16-140 (D.D.C. June 7, 2018) [click for opinion] In 1997, Hardy Exploration & Production (India), Inc. (“HEPI”) entered into a contract with the Government of India (“India”) that would allow HEPI to search for and potentially extract hydrocarbons from an area off of India’s southeastern coast (the “Block”). The contract provided that if HEPI found crude…

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In Middle East - Africa

South Africa’s new International Arbitration Act No. 15 of 2017

by 2 Mins Read

After a long wait, the South African International Arbitration Act No. 15 of 2017 sailed through the legislature in November and was assented to by the South African President on 20 December 2017. It is available here (GG 41347 of 20 December 2017). As the Act does not state that it will commence on a date to be set by the President, it has commenced, subject to the transitional provisions (s 20), staggered dates for…

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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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