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Arbitration
Skadden, Yetter Coleman Face Off Over Arbitration Vacatur
November 13, 2013
Austin boutique Yetter Coleman sought to disqualify an arbitrator from a client matter, after one of its name partners scored...
November 13, 2013
Austin boutique Yetter Coleman sought to disqualify an arbitrator from a client matter, after one of its name partners scored...
Fifth Circuit Securities Update
November 12, 2013
Since the end of the last survey period, the Supreme Court issued a significant decision holding that defendants in Rule 10b-5 securities fraud actions could not defeat class certification by contesting the materiality of the alleged misrepresentations. Shortly thereafter, the Fifth Circuit applied this holding to bar securities fraud defendants from contesting class certification by arguing that the alleged misrepresentations did not affect the stock price. The Fifth Circuit also addressed several...
November 12, 2013
Since the end of the last survey period, the Supreme Court issued a significant decision holding that defendants in Rule 10b-5 securities fraud actions could not defeat class certification by contesting the materiality of the alleged misrepresentations. Shortly thereafter, the Fifth Circuit applied this holding to bar securities fraud defendants from contesting class certification by arguing that the alleged misrepresentations did not affect the stock price. The Fifth Circuit also addressed several...
Sixth Circuit Rejects Class Arbitration Claims Against LexisNexis
November 12, 2013
In a case brought by a lawyer who objected to LexisNexis's billing practices, the U.S. Court of Appeals for the Sixth Circuit...
November 12, 2013
In a case brought by a lawyer who objected to LexisNexis's billing practices, the U.S. Court of Appeals for the Sixth Circuit...
Personal Jurisdiction in the Fifth Circuit’s Commercial Opinions: 2012-13
November 11, 2013
Introduction: The Supreme Court in 2011 In 2011, the Supreme Court revisited two thorny personal jurisdiction concepts – general jurisdiction, on which it had only written two previous opinions, and specific jurisdiction based on a “stream of commerce” theory. The Court had previously found general jurisdiction when a company had its headquarters in the forum state, Perkins v. Benguet Consol. Mining, 342 U.S. 437 (1952), and rejected general jurisdiction based on a company’s pattern of purchases...
November 11, 2013
Introduction: The Supreme Court in 2011 In 2011, the Supreme Court revisited two thorny personal jurisdiction concepts – general jurisdiction, on which it had only written two previous opinions, and specific jurisdiction based on a “stream of commerce” theory. The Court had previously found general jurisdiction when a company had its headquarters in the forum state, Perkins v. Benguet Consol. Mining, 342 U.S. 437 (1952), and rejected general jurisdiction based on a company’s pattern of purchases...
New York Gets Specialist Judge for International Arbitration Matters
November 10, 2013
In an Administrative Order dated September 16 , 2013, the Chief Administrative Judge of the Courts of New York State, Hon. A. Gail Prudenti, designated Hon. Charles E. Ramos, Justice of the Supreme Court, New York County, to handle all international arbitration cases before the Commercial Division, New York County, including those brought under CPLR Article75 or under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. There is an exception for matters with no transnational component arising entirely...
November 10, 2013
In an Administrative Order dated September 16 , 2013, the Chief Administrative Judge of the Courts of New York State, Hon. A. Gail Prudenti, designated Hon. Charles E. Ramos, Justice of the Supreme Court, New York County, to handle all international arbitration cases before the Commercial Division, New York County, including those brought under CPLR Article75 or under the Federal Arbitration Act, 9 U.S.C. § 1 et seq. There is an exception for matters with no transnational component arising entirely...
Send Lawyers, Rigs and Money: The Opening of the Mexican Energy Industry
November 7, 2013
The legal framework governing Mexico’s energy industry celebrated its 75th birthday this year. But the adage, “the older the violin, the sweeter the music” would not apply in this case. Mexico is facing an epic production crisis and its oil and gas industry is in desperate need of capital, technology and technical expertise to turn the situation around. Over the past eight years, crude oil production has declined rapidly, dropping from a peak of 3.4 million barrels per day (bpd) in 2004...
November 7, 2013
The legal framework governing Mexico’s energy industry celebrated its 75th birthday this year. But the adage, “the older the violin, the sweeter the music” would not apply in this case. Mexico is facing an epic production crisis and its oil and gas industry is in desperate need of capital, technology and technical expertise to turn the situation around. Over the past eight years, crude oil production has declined rapidly, dropping from a peak of 3.4 million barrels per day (bpd) in 2004...
Venue is Proper in the County Where Arbitration is Held Despite Arbitration Agreement to the Contrary
November 6, 2013
The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration...
November 6, 2013
The Texas Supreme Court recently held that, pursuant to § 171.096(c) Tex. Civ. Prac. & Rem. Code, once an arbitration...
Sanctions in US and International Arbitrations: Old Law In Modern Context
November 6, 2013
I. Power To Sanction Courts generally enjoy power to enforce procedural rules and orders by various means, such as fines, adverse inferences, cost/fee awards, preclusion of evidence, and even default judgment. Surprisingly, when arbitrators employ such measures, they enter a legal frontier of unsettled law. Why? An arbitrator’s procedural power derives from private contract, not public law, and arbitration contracts almost never overtly address the arbitrator’s power to remedy party misbehavior....
November 6, 2013
I. Power To Sanction Courts generally enjoy power to enforce procedural rules and orders by various means, such as fines, adverse inferences, cost/fee awards, preclusion of evidence, and even default judgment. Surprisingly, when arbitrators employ such measures, they enter a legal frontier of unsettled law. Why? An arbitrator’s procedural power derives from private contract, not public law, and arbitration contracts almost never overtly address the arbitrator’s power to remedy party misbehavior....
CPR Adds Another Major Feature To Its Toolbox
November 6, 2013
Metropolitan Corporate Counsel Editor: Why has CPR introduced administered arbitration rules? Bryan: For over 30 years, top-flight global lawyers have used CPR’s non-administered rules to resolve commercial disputes. In response to users’ requests, CPR is now offering administered arbitration rules for those requiring an administering authority. They became effective July 1, 2013. With more worldwide companies signing CPR’s Corporate Policy Statement on Alternatives to Litigation and the 21st...
November 6, 2013
Metropolitan Corporate Counsel Editor: Why has CPR introduced administered arbitration rules? Bryan: For over 30 years, top-flight global lawyers have used CPR’s non-administered rules to resolve commercial disputes. In response to users’ requests, CPR is now offering administered arbitration rules for those requiring an administering authority. They became effective July 1, 2013. With more worldwide companies signing CPR’s Corporate Policy Statement on Alternatives to Litigation and the 21st...
Protecting Arbitral Jurisdiction of The Merits With a Foreign Anti-suit Injunction
November 5, 2013
The pro-arbitration foreign anti-suit injunction is not mentioned in the text of the New York Convention or the U.S. Arbitration Act (FAA). But its importance to the enforcement of agreements to arbitrate transnational disputes is considerable. To be reminded of this, read a recent New York federal district court decision granting such an injunction:Bailey Shipping Ltd. v. American Bureau of Shipping, 2013 WL 5312540 (S.D.N.Y. Sept. 23, 2013). Or continue reading this Commentary. A definitional...
November 5, 2013
The pro-arbitration foreign anti-suit injunction is not mentioned in the text of the New York Convention or the U.S. Arbitration Act (FAA). But its importance to the enforcement of agreements to arbitrate transnational disputes is considerable. To be reminded of this, read a recent New York federal district court decision granting such an injunction:Bailey Shipping Ltd. v. American Bureau of Shipping, 2013 WL 5312540 (S.D.N.Y. Sept. 23, 2013). Or continue reading this Commentary. A definitional...
