The English Arbitration Act of 1996 has long been a cornerstone in affirming London’s position as one of the busiest arbitration venues globally. As the Act closes in on its 30-year anniversary, a consideration for reform is on the horizon. This proposed modification, albeit regarded as ‘light touch,’ could bear significant implications for legal professionals…
In a seminal event in US legal history, the nation’s Supreme Court has permitted a foreign plaintiff to bring a Racketeer Influenced and Corrupt Organizations Act (RICO) lawsuit for purposefully dodging the enforcement of an international arbitration award. The development emerged from a 6-3 opinion in the cases of Yegiazaryan v. Smagin and CMB Monaco…
Several prominent legal firms like Watson Farley & Williams, Yoon & Yang, and City-Yuwa are bolstering their international arbitration teams in Asia with the addition of cross-border hires. The move comes as international arbitration becomes increasingly important for corporations dealing with disputes across global boundaries, especially in fast-growing economic regions like Asia. However, while this…
The Consumer Financial Protection Bureau (CFPB) has swiftly and positively responded to a recent petition by consumer advocacy groups proposing a ban on pre-dispute arbitration clauses within consumer contracts. This news follows after these organizations submitted a Petition for Rulemaking to the CFPB last week. The petition argues against the use of these clauses which…
In the midst of varying judicial interpretations and principles across different legal jurisdictions, a recent overture appears to hint towards a potential rapprochement between the English and French legal systems. This development is of particular interest to legal professionals operating in global law firms and multinational corporations is related to the handling of anti-suit injunctions…
In a recently unfolding matter, a federal judge in Maryland dismissed the argument posited by the Washington Commanders Football Team, challenging their motion to compel arbitration, thus slating a personal injury lawsuit to move forth. The crux centered around whether the group members, involved in a fall from an elevated surface at FedEx Field, were…
In considerable news from England and Wales, the Law Commission has completed a thorough review of the Arbitration Act 1996. As part of its investigation, the commission has proposed several modifications and additions. This development presents a noteworthy moment in the legal landscape of arbitration. The Law Commission made the results of its long-anticipated analysis…
Quinn Emanuel, a prominent global law firm, is expanding its London division with the addition of a new arbitration partner who was previously at Cadwalader. Regrettably, detailed information about this move is limited due to the original article being behind a paywall. If you wish to learn more about this development, we recommend visiting the…
Defense firms have long been warning of an impending wave of mass arbitration. However, the anticipated surge doesn’t seem to have materialized just yet. Instead, the prospect of mass arbitration remains, as Steven Weisburd, Los Angeles managing shareholder at Carlton Fields, describes it, a “theoretical possibility”. This information comes in the wake of the recent…
In an recent development, a coalition of consumer advocacy organizations lodged a Petition for Rulemaking with the Consumer Financial Protection Bureau (CFPB) to push for the prohibition of pre-dispute arbitration clauses in consumer contracts. These clauses typically restrict consumers to arbitration instead of litigation when disputes arise. The consumer groups assert such clauses work in…
In a case that almost seems ripped straight from a Shakespearean drama, a court has ordered technology giant, Samsung to pay millions of dollars in arbitration fees. Allegedly, Samsung has violated the Illinois Biometric Information Privacy Act (BIPA), leading approximately 50,000 customers to file individual arbitration demands with the American Arbitration Association (AAA) under the…
In a recent appeal, the Third Circuit Court decided to reverse a district court order that compelled arbitration, highlighting the clear distinction between arbitration and “expert determinations” as forms of dispute resolution. A closer look at the decision illustrates the potential pitfalls for lawyers drafting dispute resolution clauses. It also underscores the need for legal…
The world of legal arbitration, particularly in cases involving the Private Attorneys General Act (PAGA), is about to be explored in depth, as detailed by a recent webinar announcement on JDSupra. Offering a comprehensive overview of the subject matter, the webinar, set for September 26, is being hosted by CDF Labor Law LLP, and expected…
In a step forward for international arbitration, the United Nations Commission on International Trade Law (UNCITRAL) adopted a Code of Conduct for Arbitrators in International Investment Dispute Resolution on 21 July 2023, during its 56th annual session in Vienna. The adoption of this Code signals a refinement in practice and approach for international arbitrators. Notably,…
In a notable U.S. legal case, the court ruled that the standalone, small link to the ‘Terms and Conditions’ page on a defendant’s website was not sufficient to waive the plaintiff’s constitutional rights. The case of Childs v. Fitness Int’l, LLC et al, heard in the U.S. District Court, Eastern District of Pennsylvania on May…
In the ever-changing political landscape where territorial borders can be fluid and evolving, foreign direct investment (FDI) is exposed to newer risks each day. However, certain judgements arguably reaffirm the protection of investors’ rights during turbulent times. A striking example involves a recent decision made by the Swiss Supreme Court (SSC). In this particular dispute,…
The Law Commission of England and Wales published its final report recommending some limited reforms to the Arbitration Act 1996 on 6 September 2023. The report marked the conclusion of a lengthy review process that began in March 2021. The previously proposed reforms, reported on last year, sought to address specific aspects of the Act…
In a remarkable move aimed at improving the efficiency of dispute resolution in the UK, the UK Law Commission has concluded its review of the Arbitration Act 1996. The culmination of the review process is the publication of the Commission’s final recommendations, which intends to refine and fine-tune legislation that already enjoys the reputation of…
On August 24, a noteworthy legislative development took place when the U.S. District Court for the Eastern District of Texas ruled against parts of the regulations that govern the arbitration process under the No Surprises Act (NSA). The NSA was created to settle payment disputes between out-of-network healthcare providers and payers. This decision, made in…
In an arbitration dispute involving the Panama Canal Authority and contractor Grupo Unidos por el Canal, S.A. (GUPC), the Eleventh Circuit federal court decided to uphold an arbitral award last month even though the arbitrators’ failed to disclose certain potential sources of bias. This litigation stems from the issues that arose during the construction of…
In a recent move that signals a shift away from enforcing employment-related arbitration agreements, the Ninth Circuit issued an opinion regarding the case of Miller v. Amazon.com (Case No. 2:21-cv-00204-BJR). The court affirmed the district court’s order which denied a motion lodged by Amazon to compel arbitration. The case was brought forward by Amazon Flex…
In a noteworthy development, the Ninth Circuit Court of Appeals has upheld a district court order denying a motion to compel arbitration of a plaintiff’s discrimination claims in Perez v. Discover Bank. The Ninth Circuit found the mandatory arbitration clauses in student and consolidation loan agreements, which were signed by the plaintiff, did not necessitate…
Wachtell, Lipton, Rosen & Katz has petitioned a California court to compel arbitration in a suit raised by Twitter’s parent company, X Corp, which disputes a reported $90 million in legal fees. The fee controversy stems from Wachtell’s role in defending Twitter in merger and acquisition litigation against Elon Musk. The motion to compel arbitration…
Disputes in the legal world often require a level of discretion and nuanced approach which is why Wachtell Lipton Rosen & Katz, a prominent law firm based in New York, is advocating for arbitration of a lawsuit lodged by Twitter. The social media company alleges that the firm received a whopping $90 million fee while…
As announced, a significant shift in the legal landscapes of financial regulation is slated to occur; the Financial Industry Regulatory Authority’s (FINRA) new expungement rules will come into effect on October 16, 2023. These rules will significantly alter the manner in which registered representatives manage negative customer-related complaints, arbitrations, and litigation. For clarification, expungement is…