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Arbitration
Crude Oil Prices – What Lies Ahead for Arbitration Lawyers?
July 17, 2015
The more mainstream view from within the industry is that when faced with a dispute, particularly over a contract which is especially commercially or strategically significant or of unusually high value, companies are putting considerable efforts into resolving matters without recourse to dispute resolution. This includes reaching agreements which harness existing market opportunities to the benefit of all parties, even when the subject matter of that agreement does not go to the heart of the dispute....
July 17, 2015
The more mainstream view from within the industry is that when faced with a dispute, particularly over a contract which is especially commercially or strategically significant or of unusually high value, companies are putting considerable efforts into resolving matters without recourse to dispute resolution. This includes reaching agreements which harness existing market opportunities to the benefit of all parties, even when the subject matter of that agreement does not go to the heart of the dispute....
Opt-Out Arbitration Provisions
July 14, 2015
As I mentioned in a previous post, I recently took a look at Instagram's terms of use. I found it interesting that it contained an opt-out provision for arbitration. A clause at the top of the page states the following in bold: ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND INSTAGRAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE...
July 14, 2015
As I mentioned in a previous post, I recently took a look at Instagram's terms of use. I found it interesting that it contained an opt-out provision for arbitration. A clause at the top of the page states the following in bold: ARBITRATION NOTICE: EXCEPT IF YOU OPT-OUT AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND INSTAGRAM WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE...
Under FAA, Shuttle Driver’s Misclassification Claims are Subject to Arbitration
July 13, 2015
In Khalatian v. Prime Time Shuttle (5/15/15) --- Cal.App.4th ---, the plaintiff brought an individual claim against the defendants,...
July 13, 2015
In Khalatian v. Prime Time Shuttle (5/15/15) --- Cal.App.4th ---, the plaintiff brought an individual claim against the defendants,...
Class Actions, Arbitration and the Importance of Contract Formation
July 13, 2015
I wanted to follow up on Jeremy Telman's posts about two cases, Andermann v. Sprint Spectrum and Berkson v. Gogo. Both cases...
July 13, 2015
I wanted to follow up on Jeremy Telman's posts about two cases, Andermann v. Sprint Spectrum and Berkson v. Gogo. Both cases...
Which Arguments Are Winning On Appeals From Arbitration So Far In 2015?
July 7, 2015
Today I present a collection of recent state and federal appellate court decisions that vacate or un-vacate arbitration awards....
July 7, 2015
Today I present a collection of recent state and federal appellate court decisions that vacate or un-vacate arbitration awards....
Statute of Limitations Defense Determined by Arbitrator, Not Court
July 2, 2015
Because a reinsurer participated in the arbitrator selection process, the reinsurer was precluded from seeking a stay on statute of limitations grounds pursuant to New York law, a New York appellate court ruled. As discussed in a previous post, the arbitration agreement stated that the parties’ arbitration would be governed by the “arbitration laws of New York State.” New York’s arbitration laws state that a party may raise statute of limitations defense as a threshold issue in the courts....
July 2, 2015
Because a reinsurer participated in the arbitrator selection process, the reinsurer was precluded from seeking a stay on statute of limitations grounds pursuant to New York law, a New York appellate court ruled. As discussed in a previous post, the arbitration agreement stated that the parties’ arbitration would be governed by the “arbitration laws of New York State.” New York’s arbitration laws state that a party may raise statute of limitations defense as a threshold issue in the courts....
Construction Arbitration: Geography Lessons
July 1, 2015
Arbitrator Andrew Aglionby says that the main sticking points in construction disputes centre on quality, costs and time, most often when there are changes to contractual terms. Common examples are projects not being completed to the agreed standards, going over-budget or facing very lengthy delays. “These projects involve billions of dollars of investment and one of the biggest challenges is change: a change in the project specifications; a change in the timeframe; a change of mind; or sometimes...
July 1, 2015
Arbitrator Andrew Aglionby says that the main sticking points in construction disputes centre on quality, costs and time, most often when there are changes to contractual terms. Common examples are projects not being completed to the agreed standards, going over-budget or facing very lengthy delays. “These projects involve billions of dollars of investment and one of the biggest challenges is change: a change in the project specifications; a change in the timeframe; a change of mind; or sometimes...
Second Circuit Reverses Injunction in Aid of Arbitration
July 1, 2015
Defendant‐appellant Benihana of Tokyo, LLC appealed a 2014 order of the United States District Court for the Southern District of New York granting the application of plaintiff‐appellee Benihana, Inc. for a preliminary injunction in aid of arbitration of a dispute arising under the parties’ license agreement. The district court enjoined Benihana of Tokyo from: (1) selling unauthorized food items at the restaurant it operates pursuant to the license agreement; (2) using certain trademarks in connection...
July 1, 2015
Defendant‐appellant Benihana of Tokyo, LLC appealed a 2014 order of the United States District Court for the Southern District of New York granting the application of plaintiff‐appellee Benihana, Inc. for a preliminary injunction in aid of arbitration of a dispute arising under the parties’ license agreement. The district court enjoined Benihana of Tokyo from: (1) selling unauthorized food items at the restaurant it operates pursuant to the license agreement; (2) using certain trademarks in connection...
Can a Party Obtain Post-Judgment Relief from a Confirmed Arbitration Award Procured by Fraud?
June 30, 2015
Section 10(a)(1) of the Federal Arbitration Act authorizes Courts to vacate arbitration awards that were “procured by fraud, corruption or undue means.” 9 U.S.C. § 10(a)(1). (For a discussion of Section 10(a)(1), see L. Reins. & Arb. Law Forum post here.) But a motion to vacate an arbitration award procured by fraud (or otherwise) is subject to a strict three-month deadline, and Section 10, unlike certain of its state-law counterparts, does not provide for tolling of the three-month deadline...
June 30, 2015
Section 10(a)(1) of the Federal Arbitration Act authorizes Courts to vacate arbitration awards that were “procured by fraud, corruption or undue means.” 9 U.S.C. § 10(a)(1). (For a discussion of Section 10(a)(1), see L. Reins. & Arb. Law Forum post here.) But a motion to vacate an arbitration award procured by fraud (or otherwise) is subject to a strict three-month deadline, and Section 10, unlike certain of its state-law counterparts, does not provide for tolling of the three-month deadline...
Texas Supreme Court Finds Arbitration Clause in Attorney-Client Contract Was Not Unconscionable, Against Public Policy or Illusory
June 29, 2015
In Royston, Rayzor, Vickery & Williams, LLP v. Francisco (Frank) Lopez, the Texas supreme court reversed an interlocutory appeal from the Corpus Christi court of appeals, holding that the appellee failed to prove that an arbitration provision in an attorney-client employment contract was substantively unconscionable nor did the plaintiff prove any other defense to the arbitration provision. The appellee had hired appellant to represent him in his divorce case. The attorney-client contract contained...
June 29, 2015
In Royston, Rayzor, Vickery & Williams, LLP v. Francisco (Frank) Lopez, the Texas supreme court reversed an interlocutory appeal from the Corpus Christi court of appeals, holding that the appellee failed to prove that an arbitration provision in an attorney-client employment contract was substantively unconscionable nor did the plaintiff prove any other defense to the arbitration provision. The appellee had hired appellant to represent him in his divorce case. The attorney-client contract contained...
