Senior Counsel Alan S. Kaplinsky and Mark J. Levin from Ballard Spahr, along with David Sherwyn, a Professor of Law at Cornell University’s School of Hotel Administration, have submitted extensive comments to the Consumer Financial Protection Bureau (CFPB) in opposition to the recent petition presented by consumer advocates. The petition urged the CFPB to take…
October’s International Trade Commission (ITC) monthly wrap-up revealed several interesting developments in the global legal landscape. Paramount among these was the Commission’s decision regarding Certain LIDAR (Light Detection and Ranging) Systems and Components Thereof, identified as Inv. No. 337-TA-1363. In a noteworthy turn of events, the ITC opted to affirm the administrative law judge’s decision…
In the week starting October 16, 2023, the California Supreme Court and the Court of Appeal were engaged in a variety of legal matters. Particular attention is drawn to a notable decision issued by the California Court of Appeal, Fourth District, Division One, on October 17, 2023. The case FCM Investments, LLC v. Grove Pham,…
The English Commercial Court recently delivered a crucial verdict in The Federal Republic of Nigeria v Process & Industrial Developments Limited [2023] EWHC 2638 (Comm). With the world watching, the Court sided with the Federal Republic of Nigeria. This landmark case stood out because it held that the arbitral awards that Process & Industrial Developments…
Law firm Duane Morris has recently confirmed the enlistment of Steven B. Davis as a corporate partner at their Philadelphia practice group. Davis’ addition to the group expands upon the firm’s breadth of experience in a variety of sectors, including insurance and reinsurance regulatory, litigation, and coverage matters. Davis is expected to offer his expertise…
Years ago, while attending a moot court competition as a law student, our imaginary client was in dire need of a solid argument. Our side had been factually and legally cornered, a commonplace situation in the renowned Jessup Moot. In our search for help, our professor and advisor refrained from direct guidance, rather, cryptically suggested…
A Florida-based tax law firm, J. David Tax Law Firm LLC, is currently dealing with allegations of malpractice. In response to these allegations, the firm attempted to enforce an arbitration clause in its retention letters. However, its former clients have countered this move, stating that such a clause is unenforceable under state law. The ex-clients’…
The United States Supreme Court has recently approved a petition for certiorari to survey a decision from the Ninth Circuit, presenting a key question for arbitration agreements that contain delegation clauses. Particularly, the issue under review pertains to whether a court or an arbitrator should decide if a subsequent contract that remains silent on arbitration…
Norton Rose Fulbright has revitalized its international arbitration practice in Asia with the addition Of Kent Philips, who recently worked as a partner at Hogan Lovells. Law.com reports about this latest development. Philips, who has nearly 25 years of experience in the legal profession, has conducted arbitrations under institutional rules across major legal seats under…
In an interview during the International Chamber of Commerce’s 21st annual conference, the Secretary General of the ICC International Court of Arbitration, Alexander G. Fessas, and the Deputy Secretary General, Ana Serra e Moura, highlighted the advantages of conducting a dispute resolution through their court. They argue that the strength of the institution, along with…
In recent years, the United Arab Emirates (UAE) has undergone various transformations in its legal landscape, one of the most significant being the update of the UAE Federal Arbitration law. The Federal Decree 15 of 2023 – or “the Amendment”, as it is more commonly referred to – brought about significant changes that were championed…
Legal minds worldwide have been paying attention to the recent rulings made in courts in The Hague and Paris regarding the validation principle in arbitration cases. These decisions have concurrently confirmed the logical limits of said principle. Succinctly put, the validation principle states that courts and arbitrators should strive to maintain the validity of an…
Despite a resurgence of activity in many sectors following the COVID-19 pandemic, civil filings at San Francisco County Superior Court have remained at a low ebb, according to the court’s most recent data. This unusual pattern has instigated a wave of speculation among industry experts who are wondering if perhaps an increase in arbitration and…
A former Polsinelli PC partner, who alleges senior attorneys sexually harassed her, has implored a federal judge to resist the firm’s request for dismissal of the case or for it to be transferred to private arbitration. Julia Rix, the partner in question, joined the law firm’s Washington office in 2021 and lost her job two…
In a recent case, Eternity Sky Investments Ltd v. Zhang, the Commercial Court made a significant decision regarding an arbitration award and its implications on consumer protection laws. The court refused to set an enforcement order aside that was in regard to an award made in a Hong Kong-seated arbitration, stating that enforcement would not…
In an insightful recent judgement, the Singapore High Court made a significant point of clarification regarding the enforcement of interim measures granted in Singapore-based arbitrations. As illustrated in the case under focus, parties involved in such arbitrations don’t need to worry about the forum non conveniens doctrine potentially creating hurdles. The doctrine generally suggests that…
On November 3, a significant legal development occurred as the U.S. Court of Appeals for the Second Circuit overturned a previous decision made by a district court. The overturned decision was related to a “buy now, pay later”” servicer’s motion to compel arbitration in a class action suit. It was previously denied by the lower…
In a noteworthy legal development, the Hong Kong Court of First Instance granted leave to appeal the decision in Shandong Chenming Paper Holdings Ltd [2023] HKCFI 2065 to dismiss a winding up petition in favour of arbitration on 25 October 2023. This, effectively, enables the Court of Appeal to shed essential light on the question…
Today’s construction industry faces numerous hurdles, with one of the most prevalent issues being claims linked to a loss of productivity. This issue has taken center stage over the last few years, driven by factors such as labor shortages, material shortages, and rapid changes in the economic landscape and supply chain problems. As a result,…
For New York employers, the changing season has brought with it a flurry of legislative activity. Autumn has not just ushered in cooler temperatures; it has also seen a wave of new employment bills signed into law by Governor Kathy Hochul, following a busy summer in the legislature. Among these, six significant laws stand out…
On a recent Monday, Mayer Brown announced the welcoming of Peter Jordan as a new partner in the firm’s litigation and dispute resolution practice. Jordan will be based in Houston, Texas. Before joining Mayer Brown, Jordan served as the associate general counsel and head of global litigation at Huntsman Corporation, a publicly-traded multinational manufacturer and…
The Illinois Supreme Court recently rendered a decision that could have significant repercussions for operators of nursing homes in the state. The case, Clanton v. Oakbrook Healthcare Centre, Ltd., et al., 2023 IL 129067, focuses on whether a nursing home can use a resident contract to compel arbitration following a resident’s death. In this case,…
The legal realm has always been one that adapts to encompass the latest technological advancements, and the latest group to acknowledge this truth is the international arbitration community. This year, the Bryan Cave Leighton Paisner (BCLP) Arbitration Survey 2023 presents a fascinating look into how artificial intelligence (AI) and machine learning are infiltrating the sphere…
In the case of Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York bestowed a ruling granting a petition to confirm and enforce a foreign arbitration award. The arbitration was held before the International Centre for Dispute Resolution. (Carlton Fields | JD Supra) This ruling serves…
In an intriguing twist, the Federal Republic of Nigeria recently locked horns with Process & Industrial Developments Limited in what has been billed as a keystone arbitration case. The ruling is a critical one, particularly for Nigeria, due to the large financial implications attached. The official decision was given as [2023] EWHC 2638 (Comm) by…