In a recent development, the Southern District of New York has emphasized the rigorous criteria for the removal of an arbitrator on the grounds of bias. This move serves to underscore the challenges faced by United States courts on disqualification applications or applications to vacate arbitration awards emanating from alleged bias of a panel member….
In a recent product liability dispute case, the New Jersey Appellate Division has ruled to enforce the “clickwrap” agreement, which required arbitration of the dispute. The case, known as Jeffrey Santana vs. SmileDirectClub, LLC, Docket A-2433-21, __ N.J. Super. __, was decided on April 3, 2023. As reported by JD Supra, the defendant in the…
Douglas Clark, the former head of global disputes practice at U.K. intellectual property firm Rouse, is slated to join Hong Kong’s independent law firm Tanner De Witt. Come September 1, he is set to commence his role as a partner, with plans to build its intellectual property practice whilst assisting in the expansion of its…
Legal tech and publishing veteran Steve Errick, previously the chief operating officer at Fastcase and head of the Legal Research Information Division at LexisNexis, has recently taken up a new role with the American Arbitration Association (AAA) as senior vice president and chief development officer. In his new role, Errick will guide various strategic initiatives,…
In a compelling development, the recently suspended partner of Axiom Ince has taken his appeal to the High Court against what his counsel referred to as a ‘draconian’ decision by the Solicitors Regulation Authority (SRA). The senior partner’s lawyer mentioned that his client was ‘very shocked and distressed’ by this unexpected intervention from SRA. Unfortunately,…
In an era characterized by rapid technological advancement and ever-evolving global regulatory landscapes, the legal sector finds itself at the crossroads. As corporations and law firms expand their activities across multiple jurisdictions, they face increasingly complex legal challenges, some of which have global implications. Take, for instance, the impact of the European Union’s General Data…
Mass arbitration is a rising trend that’s stirring unease among major corporations and law firms. It’s not difficult to see why. Hypothetically, picture reaching your workstation to discover up to 20,000+ individual arbitration demands. The charges appear to be carbon copies with negligible merits. But the catch? You will have to fork out nearly $60…
The question of whether arbitrations count as “litigation” for work product purposes under the Federal Rule of Civil Procedure 26(b)(3) has often been a subject of heated debate amongst legal practitioners. According to the rule, protection extends to documents prepared “in anticipation of litigation or for trial.” The critical terminology under scrutiny here is “anticipation…
For legal professionals across the globe, it’s imperative to stay updated with recent developments in legal news. One such noteworthy announcement is the suspension of the arbitration process for “Surprise Billing” put in place by the “No Surprises Act”. This marks the second time the Centers for Medicare & Medicaid Services (CMS) has opted to…
In a development that resonates through the legal community, plaintiffs who launch representative claims under the Private Attorneys General Act of 2004 (PAGA), still have standing in court even after their individual claims are directed towards arbitration. This follows one month after the U.S. Supreme Court opposed California’s prohibition on enforcing agreements that mandate the…
Mediation is an aim to provide an amicable resolution to disputes. When this doesn’t happen, however, what is the next step? Despair and confusion can be common emotions, considering professionals go into mediations with a firm belief of finding a settlement. The scenario is not too different than being a lifelong New York Jets and…
In an intriguing sequence of events, the Eighth Circuit reversed a lower court ruling this week. The initial ruling, issued by a Nebraska court, held that an attorney who represented a financial company in a dispute over an acquisition contract was not required to pay an arbitration award. The basis? The court apparently lacked jurisdiction…
In an important update for the legal professionals involved in arbitration, the 2023 Edition of The ITA Guide to Latin American Arbitral Institutions has been recently released. As published on JDSupra, this guide proves to be an instrumental resource for anyone doing business in Latin America. The 2023 ITA Guide is an expansive volume, casting…
In a noteworthy shift of legal attitudes, Singapore International Commercial Court (“SICC”) recently assessed the extent to which an arbitral tribunal can exclude evidence after a specific date. As the legal saying goes, arbitral tribunals have long been considered the masters of their own procedures. However, this latest judgement proposes some limitations. The case tackling…
In a pivotal move, the Texas Supreme Court recently ruled in favor of developers and builders looking to enforce arbitration agreements in construction cases. Two key victories gave tremendous impetus to the principle of ‘Arbitration for All’. Contrary to previous presumption, the court ruled that household members and subsequent purchasers bringing a construction defect claim…
In a recent ruling on August 3, the U.S. District Court for the Eastern District of Texas dealt a significant blow to the regulations governing the arbitration process established by the No Surprises Act (NSA). As prescribed by the NSA, these regulations were put in place to orchestrate payment disputes between out-of-network healthcare providers and…
The enduring rise of arbitration as a chosen route for dispute resolution has led to a surging requirement for arbitral awards to be acknowledged and executed in offshore jurisdictions. This developing trend is an observation underlined by some of the world’s strongest offshore jurisdictions— Bermuda, the British Virgin Islands, the Cayman Islands, Guernsey, Ireland, and…
In a noteworthy ruling, the English Commercial Court has denied recognition and enforcement of a California-seated arbitration award, opining that the enforcement would violate UK public policy. The Court stated this would be in direct conflict with principles outlined in the Consumer Rights Act 2015 (CRA 2015) and the Financial Services and Markets Act 2000…
On July 17, 2023, the California Supreme Court issued a key decision which clarifies the impact of enforceable arbitration agreements on standing for California’s Private Attorneys General Act of 2004 (“PAGA”). Previous ambiguity over the issue followed the United States Supreme Court decision in Viking River Cruises, Inc. v. Moriana, 142 S. Ct. 1906 (2022),…
In accord with a recent ruling, a New York federal judge throws his support to a near $16.6 million arbitrated award issued to Acorda Therapeutics Inc. Acorda Therapeutics, the American biotechnology company based in Ardsley, New York, has been in dispute with Ireland’s global biopharmaceutical company, Alkermes PLC, consequent to a bone of contention revolving…
In a noteworthy decision from earlier this year, the Eleventh Circuit Court of Appeals has opted to align itself with the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits. The case in question is the much-watched en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. In this case, the Eleventh…
In a noteworthy case for online businesses, the English Commercial Court has put forth a decision that may cause businesses to reconsider reliance upon arbitration clauses in standard terms. The case of Payward Inc. v Chechetkin resulted in the English Court refusing to recognise a US arbitration award based on public policy grounds, thus allowing…
In a unanimous decision on July 21, 2023, a three-judge panel of the Ninth Circuit once again confirmed a ruling by a California federal court. The ruling states that truck drivers, who deliver ingredients from Domino’s Southern California Supply Chain Center to Domino’s California franchisees, are exempt from the Federal Arbitration Act (FAA). The reported…
In a recent development, the Southern District of New York dismissed a petition to confirm a foreign arbitration award amounting to $145 million. The award was initially rendered in Hong Kong, but the court made its decision to dismiss based on lack of personal jurisdiction. The case brought to the attention the complexities surrounding the…
In a noteworthy development, the United States Ninth Circuit Court recently upheld the validity of a clause delegating authority to arbitrate, even if the larger arbitration agreement is null and void. This ruling emphasizes the standing of the delegation clause as an individual agreement that is separate from, and not contingent upon, the overall enforceability…