Menu
Arbitration
Procedural Issues Resulting From a Fraud Claim in International Commercial Arbitration
February 17, 2014
Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that international arbitration, which is by nature a private and consensual dispute resolution mechanism, is ill-equipped to handle the challenges thrown up by such allegations. This is particularly so when looking at arbitral procedure. Is this perception justified or is international arbitration flexible enough a tool to overcome these challenges? Is a dispute concerning...
February 17, 2014
Allegations of fraud and corruption are increasingly encountered in international arbitrations but there is at times a perception that international arbitration, which is by nature a private and consensual dispute resolution mechanism, is ill-equipped to handle the challenges thrown up by such allegations. This is particularly so when looking at arbitral procedure. Is this perception justified or is international arbitration flexible enough a tool to overcome these challenges? Is a dispute concerning...
Arbitration Round-Up
February 14, 2014
Scope of Arbitration Citigroup, Inc. v. Abu Dhabi Investment Authority, Case No. 1:13-cv-06073 (USDC S.D.N.Y. Nov. 25, 2013)...
February 14, 2014
Scope of Arbitration Citigroup, Inc. v. Abu Dhabi Investment Authority, Case No. 1:13-cv-06073 (USDC S.D.N.Y. Nov. 25, 2013)...
Texas’ 4th COA Compels Arbitration After Two Years of Discovery Where Party Fails to Offer Evidence of Prejudice
February 14, 2014
Texas’ Fourth Court of Appeals has ordered two companies to arbitrate a contract dispute related to the construction of airplane hangars in Mexico. In IBS Asset Liquidations LLC v. Servicios Multiples Del NorteSA de CV, No. 04-13-00273-CV (Tex. App. – San Antonio 2013), IBS Asset Liquidations LLC, formerly known as Icon Building Systems, LLC, (“Icon”) agreed to design and build an airplane hangar for Servicios Multiples Del Norte SA de CV (“Servicios”). As part of the agreement,...
February 14, 2014
Texas’ Fourth Court of Appeals has ordered two companies to arbitrate a contract dispute related to the construction of airplane hangars in Mexico. In IBS Asset Liquidations LLC v. Servicios Multiples Del NorteSA de CV, No. 04-13-00273-CV (Tex. App. – San Antonio 2013), IBS Asset Liquidations LLC, formerly known as Icon Building Systems, LLC, (“Icon”) agreed to design and build an airplane hangar for Servicios Multiples Del Norte SA de CV (“Servicios”). As part of the agreement,...
Can an Arbitrator Be Sued for Failing to Disclose Gifts From a Lawyer?
February 13, 2014
"If lawyers are allowed to wine and dine arbitrators [and not disclose that information], some pressure comes to bear," Susan Hays, an Austin solo who represents the plaintiffs in Patten, told the court.
February 13, 2014
"If lawyers are allowed to wine and dine arbitrators [and not disclose that information], some pressure comes to bear," Susan Hays, an Austin solo who represents the plaintiffs in Patten, told the court.
Increasing Legalism in Global Commercial Arbitration
February 13, 2014
University of Missouri School of Law Professor S. I. Strong has published Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, a New Approach to Cures, 7 World Arbitration and Mediation Review 117 (2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-26. In her paper, Professor Strong discusses several possible explanations for an increased use of legalistic procedures in the realm of international commercial arbitration as well as potential...
February 13, 2014
University of Missouri School of Law Professor S. I. Strong has published Increasing Legalism in International Commercial Arbitration: A New Theory of Causes, a New Approach to Cures, 7 World Arbitration and Mediation Review 117 (2013); University of Missouri School of Law Legal Studies Research Paper No. 2013-26. In her paper, Professor Strong discusses several possible explanations for an increased use of legalistic procedures in the realm of international commercial arbitration as well as potential...
Nonappealability Clauses in Arbitration Agreement Held Not Enforceable in the Ninth Circuit
February 12, 2014
Faced with a question of first impression, the Ninth Circuit recently held that a clause in an arbitration agreement that eliminates any and all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act, is unenforeceable. The Court reasoned that allowing parties to “contractually eliminate all judicial review of arbitration awards . . . run[s] counter to the text of the FAA,” and “would also frustrate Congress’s attempt to ensure a minimum level...
February 12, 2014
Faced with a question of first impression, the Ninth Circuit recently held that a clause in an arbitration agreement that eliminates any and all federal court review of arbitration awards, including review under § 10 of the Federal Arbitration Act, is unenforeceable. The Court reasoned that allowing parties to “contractually eliminate all judicial review of arbitration awards . . . run[s] counter to the text of the FAA,” and “would also frustrate Congress’s attempt to ensure a minimum level...
Limits of Procedural Choice of Law
February 12, 2014
S. I. Strong, Professor and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law has authored an interesting article entitled Limits of Procedural Choice of Law, 39 Brooklyn Journal of International Law 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-03. In her publication, Professor Strong examines the role of procedural, as opposed to substantive, law using international commercial arbitration proceedings...
February 12, 2014
S. I. Strong, Professor and Senior Fellow at the Center for the Study of Dispute Resolution at the University of Missouri School of Law has authored an interesting article entitled Limits of Procedural Choice of Law, 39 Brooklyn Journal of International Law 2014, Forthcoming; University of Missouri School of Law Legal Studies Research Paper No. 2014-03. In her publication, Professor Strong examines the role of procedural, as opposed to substantive, law using international commercial arbitration proceedings...
Do Rule 45 Amendments Impact The Arbitral Subpoena Power?
February 11, 2014
Certain amendments to Rule 45 of the Federal Rules of Civil Procedure became effective December 1, 2013. This is the Rule governing all aspects of obtaining evidence from non-parties by subpoena in federal civil proceedings. The amendments have potential relevance to arbitral practice for arbitrations that have their seat in the United States, as Section 7 of the Federal Arbitration Act (”FAA”) in certain respects equates arbitral subpoena power with judicial subpoena power, and in certain...
February 11, 2014
Certain amendments to Rule 45 of the Federal Rules of Civil Procedure became effective December 1, 2013. This is the Rule governing all aspects of obtaining evidence from non-parties by subpoena in federal civil proceedings. The amendments have potential relevance to arbitral practice for arbitrations that have their seat in the United States, as Section 7 of the Federal Arbitration Act (”FAA”) in certain respects equates arbitral subpoena power with judicial subpoena power, and in certain...
Gelernter on In re Wal-Mart Wage and Hour Litigation FAA Case
February 10, 2014
Thanks to Lise Gelernter (Teaching Faculty and Director, Externship Programs at SUNY Buffalo Law School) for bringing to my attention...
February 10, 2014
Thanks to Lise Gelernter (Teaching Faculty and Director, Externship Programs at SUNY Buffalo Law School) for bringing to my attention...
Other Structural Aspects of Pre-Dispute Arbitration Agreements—Will the Arbitration be Administered or Ad Hoc?
February 7, 2014
The last two segments of this Small Business B-2-B Arbitration series have focused on certain key structural aspects of pre-dispute arbitration agreements. Perhaps some might think that an examination of even the most basic structural components of arbitration agreements is too much information for a business person, but most successful business people know about all relevant aspects of the contracts they negotiate, not just the basic structural components of those contracts (e.g., price and performance...
February 7, 2014
The last two segments of this Small Business B-2-B Arbitration series have focused on certain key structural aspects of pre-dispute arbitration agreements. Perhaps some might think that an examination of even the most basic structural components of arbitration agreements is too much information for a business person, but most successful business people know about all relevant aspects of the contracts they negotiate, not just the basic structural components of those contracts (e.g., price and performance...
