In a significant development in July, the California Supreme Court issued a much-anticipated Private Attorneys General Act (PAGA) decision in the case of Adolph v. Uber Technologies, Inc. The decision marks a clear departure from the United States Supreme Court’s 2022 ruling in the case of Viking River Cruises v. Moriana. Unlike the federal court’s…
The English Arbitration Act of 1996 has stood the test of time. Despite being nearly 30 years old, it has continued to function proficiently and has helped secure London’s place as a global arbitration hub. However, even effective legislation requires routine evaluation and necessary reform to keep up with the evolving legal landscape. In 2021,…
The legal landscape is always dynamic. It morphs and evolves to reflect regulatory changes, significant case judgments and approaches to justice. On October 3rd, at 10:00 am PT, there is a webinar that captures these trajectories. “Arbitration and Class Action Waivers: A Vision of a Classless Society” offers legal professionals an opportunity to examine one…
In an interesting exploration of family-run business dynamics, the popular show “Succession” offers some thought-provoking insights. Loosely based on Roy family’s venture, Waystar RoyCo, the premise of the series primarily centers around succession planning for the company. Despite the characters’ larger-than-life portrayal, the fundamental truths about succession planning in family businesses come to the fore….
In a significant legal development on June 22, 2023, the Supreme Court issued a 6–3 opinion in the case of Yegiazaryan v. Smagin, establishing that a foreign award creditor can enforce claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) pertaining to the enforcement of an arbitral award granted in the United States read…
As the pandemic continues to overwhelm court dockets globally, several courts have turned to a method of dispute resolution known as court-ordered arbitration to manage the surge in lawsuits. This method seeks to resolve lawsuits without proceeding to trial, therefore easing the strain on the legal system. According to an article on JDSupra, legal professionals,…
In the ever-evolving world of legal practice, Georgia’s recent Medical Malpractice cases are offering attorneys new opportunities to secure significant verdicts, according to lawyers from Miles Mediation & Arbitration. As they point out, the COVID-19 pandemic has wrought transformative change on every aspect of human existence, with the legal profession far from an exception. Traditions…
The Law Commission of England and Wales has finally concluded its review of the Arbitration Act 1996, ushering in the much-anticipated Arbitration Act 2024. This extensive review process has given rise to numerous potential areas for reform, many of which were highlighted in the International Arbitration Survey 2022. The details of the review and the…
Singapore’s leading firm, Drew & Napier, is preparing to launch an international arbitration claim against the Swiss government. The claim is on behalf of a group composed chiefly of high-net-worth individuals and accredited investors of Credit Suisse Additional Tier 1 (AT1) bonds in Hong Kong and Greater China. The development was revealed exclusively to Law.com…
Recently, there have been insightful developments on the consumer understanding of arbitration clauses given by Professor Jeff Sovern, who specifically discussed the FTC’s June 2023 revisions to its Endorsement Guide. Sovern’s blog spotlighted the FTC’s new definition of “clear and conspicuous” – a significant change that has a broad impact on the advertising industry. As…
In a significant ruling out of Massachusetts, the state’s Appeals Court reversed a Superior Court’s denial of an eye surgeon’s motion to dismiss a medical malpractice action. The case involved plaintiff Carlos E. Lopez Rivera, a Spanish-speaker, who signed an arbitration agreement prior to eye surgery under surgeon Steven W. Stetson. Lopez later filed a…
A recent court decision has confirmed an arbitration award against a non-signatory intervening party, marking another significant development in arbitration law. This case involved payroll services provider Paychex Inc. and the company Dan-Gulf Shipping Inc., which had entered into an agreement that included an arbitration clause governed by the American Arbitration Association’s (AAA) rules. In…
In a noteworthy ruling, a U.S. court has followed Fifth Circuit jurisprudence to enforce an unsigned insurance arbitration agreement under the New York Convention. This case pertained to an arbitration agreement under scrutiny, argued by the insured to be unenforceable in light of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (commonly…
In the most recent development in Colorado law, the state’s Statute of Limitations defense may not apply in arbitration, particularly in the context of the construction industry. This potential change in the interpretation of the law may have significant implications for legal professionals operating in Colorado and dealing with arbitration cases. Arbitration has long been…
Last week, a seemingly minor spelling error led to a major arbitration-related judgment by the Austrian Supreme Court. The bizarrely intricate case was discussed in detail by Declan Gallivan, a Senior Disputes Associate based in London, and Florian Haugeneder, the Founder and Partner of the reputed Austrian law firm KNOETZL. The discussion revolved around the…
Recent developments in the legal landscape suggest that compliance with an agreement to submit to Bais Din’s jurisdiction, specifically on the issue of Get, cannot be considered optional. This has been highlighted by a series of decisions recently released by the Appellate Division. These decisions tackle various aspects of these issues, from the when, where…
In a series of recent first instance court decisions in Hong Kong, the issue of whether a winding-up petition takes precedence over an agreement to arbitrate remains unresolved, particularly within the complex landscape of cross-claims. The question, though partially addressed in a Court of Final Appeal decision earlier this year, continues to generate divergent opinions,…
The California Supreme Court has recently passed a notable ruling in the matter of Private Attorneys General Act (PAGA) claims. In the case, Adolph v. Uber Technologies, Inc., 532 P.3d 682 (Cal. 2023), the Court held that even if a plaintiff who asserts both individual and representative PAGA claims in court is compelled to arbitrate…
Lawyers looking to widen their career perspectives often consider International arbitration due to the dynamic and exciting opportunities it presents. Using information from LawCareers.Net Profile, this article will provide further insight into this enticing legal field. At its core, International arbitration is an alternative approach to dispute resolution. In contrast to traditional court proceedings, parties…
In a notable development dated August 24, 2023, the United States District Court for the Eastern District of Texas has passed a ruling which predominantly favors the Texas Medical Association, along with other plaintiffs, which include air ambulance providers. The issued order vacates certain regulations and related guidelines on how the ‘Qualified Payment Amount’ (QPA)…
In a noteworthy development, the High Court of England and Wales rejected an attempt to enforce a US arbitration award in a case involving cryptocurrency-related consumer contract. The case in question is Payward, Inc. and Others v. Chechetkin, according to a report on JD Supra. The claimants sought enforcement of an arbitration award against a…
Since Title IX was introduced in 1971 as a proposed amendment to the Education Amendments of 1971 and subsequently codified at 20 U.S.C. §§ 1681–1688.8, it has served as a fundamental tool to battle against sexual harassment in educational contexts. The principal purpose of Title IX, as set out in U.S.C. § 1681, underscores the…
Over the summer, legal activity in Paris saw an increase on the lateral hires front, with key law firms, including King & Spalding and Fieldfisher, expanding their partnership roster. This recruitment drive has seen the addition of new partners in critical practice areas within the French capital. Amy Frey, a notable figure in the international…
Former Co-Head of Global Arbitration at Allen & Overy, Matthew Gearing KC, has recently joined Temple Chambers, based in Hong Kong, to continue his practice as an arbitrator. This move follows Gearing’s transition to UK’s Fountain Court Chambers as counsel and arbitrator, which occurred over two years after almost 24 years of service at Allen…
The month of August 2023 delivered several important developments in UK employment law. This article highlights some of the major shifts with influence on corporations and law firms across the globe. Firstly, the most notable update revolves around ACAS (Advisory, Conciliation and Arbitration Service) guidelines relating to employee rights during sickness absence and holiday entitlement….