News & Analysis as of

Arbitration Agreements

Farrell Fritz, P.C.

Is an LLC Bound by its Own Operating Agreement?

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Is a limited liability company a party to and bound by its own operating agreement? Many folks would say, “Yes, of course.” But it turns out the answer varies depending upon the law of the company’s state of...more

A&O Shearman

Update: Asymmetrical jurisdiction clauses in the onshore UAE

A&O Shearman on

The onshore Dubai Court of Cassation (Commercial Appeal No. 735 of 2024, dated October 29, 2024) has held that a unilateral option to arbitrate, included within an asymmetrical jurisdiction clause, did not constitute a...more

Payne & Fears

[Webinar] New CA Employment Laws 2025: Are You Prepared? - December 4th, 11:30 am - 12:30 pm PT

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Join us for a lively discussion of critical year-end updates for California employers. We will address new legislation and key case rulings. Topics include: - Key bills relating to freelance workers, “captive audience”...more

Stikeman Elliott LLP

Cryptocurrency Exchange Arbitration Agreement Found Unenforceable: Ontario Court of Appeal

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The Ontario Court of Appeal (the “Court”) in Lochan v. Binance Holdings Limited, 2024 ONCA 784, recently upheld a lower court decision dismissing a large cryptocurrency trading platform’s motion to stay a class proceeding in...more

Genova Burns LLC

Third Circuit Clarifies Procedural Roadmap to Compel Arbitration

Genova Burns LLC on

Facing a federal lawsuit, companies with agreements that mandate arbitration of disputes must decide how to efficiently obtain an order from a federal judge compelling arbitration....more

Blake, Cassels & Graydon LLP

Ontario Court of Appeal Confirms Crypto Company’s Arbitration Agreement Void

In a recent decision in Lochan v. Binance Holdings Limited, the Ontario Court of Appeal (ONCA) affirmed the decision of the lower court setting aside an arbitration agreement as void both because it was contrary to public...more

Benesch

Ninth Circuit Provides Long-Awaited Guidance on Mass Arbitration Provisions

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In the long-awaited newest chapter of case law discussing the validity and enforceability of arbitration clauses and class action waivers, the Ninth Circuit on October 28, 2024, dealt a setback, though not a fatal blow, to...more

Cranfill Sumner LLP

For Non-Signatories to Contract, Initial Question of Arbitrability Left Up to Court

Cranfill Sumner LLP on

On November 6, 2024, in Isernia v. Danville Regional Medical Center, the United States District Court for the Western District of Virginia issued an Opinion denying multiple defendants’ motion to compel arbitration. The...more

Hogan Lovells

BuzzFeed II: Court enforces arbitration clauses in employment agreements with pre-SPAC entity

Hogan Lovells on

In BuzzFeed Media Enterprises, Inc. v. Anderson, No. 2023-0377, 2024 WL 2187054 (Del. Ch. May 15, 2024) (BuzzFeed II), the Delaware Court of Chancery held that BuzzFeed Media Enterprises (BME) was bound by arbitration...more

K&L Gates LLP

Arbitration World: International Arbitration in the Baltic States–Part 2

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In episode two of our Baltic States series, Ian Meredith is joined by speakers from Ellex Valiunas - Vilija Vaitkute Pavan, Dr. Tadas Varapnickas, and Simona Budreikaitė - to discuss the topical and investment related issues...more

K&L Gates LLP

Arbitration World: International Arbitration in the Baltic States–Part 1

K&L Gates LLP on

The first episode in our two-part Baltic States series, Ian Meredith is joined by speakers from Ellex Valiunas - Vilija Vaitkute Pavan, Dr. Tadas Varapnickas, and Simona Budreikaitė - who offer an overview of international...more

Lathrop GPM

Michigan Federal Court Grants Domino’s Motion to Compel Arbitration but Denied Motion to Dismiss Claims and Motion for Sanctions

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A federal court in Michigan recently granted Domino’s motion to compel arbitration of a collective action relating to wage claims but denied Domino’s motion for sanctions and motion to dismiss, instead staying the case...more

Jackson Lewis P.C.

Winds of Change at NLRB: Employer Guide for Upcoming Trump Administration

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Employers can expect a definite shift in the National Labor Relations Board under the new Trump Administration. Following President Joe Biden’s 2020 election, labor and employment law practitioners saw sweeping legal...more

Bennett Jones LLP

Ontario Court of Appeal Strikes Important Balance in Applying Exceptions to the Kompetenz-Kompetenz Principle

Bennett Jones LLP on

Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court...more

Troutman Pepper

Ninth Circuit Issues Decision Limiting Scope of Concepcion

Troutman Pepper on

In Heckman v. Live Nation Entertainment, Inc., a panel of the Ninth Circuit affirmed a lower court decision refusing to enforce the Ticketmaster arbitration provision in a purported consumer antitrust class action brought...more

Hogan Lovells

Interim jurisdiction upheld: provisional award enforced in Singapore despite pending jurisdictional objection

Hogan Lovells on

In DFM v DFL [2024] SGCA 41, the Singapore Court of Appeal has clarified that it is conceptually possible for a party to submit to an arbitral tribunal’s jurisdiction for the purposes of an interim application, while...more

Goodwin

Ninth Circuit Strikes Mass Arbitration Agreement as Unenforceable under California Law

Goodwin on

On October 28, 2024, the Ninth Circuit struck a mass arbitration agreement as unconscionable and unenforceable under California law in Heckman v. Live Nation Ent., Inc., No. 23-55770.  The three-judge panel affirmed the...more

Morgan Lewis

UK Supreme Court Confirms Anti-Suit Injunction in Favour of Foreign-Seated Arbitrations

Morgan Lewis on

The UK Supreme Court recently handed down its judgment in UniCredit Bank GmbH v. RusChemAlliance, reaffirming the English court’s support for arbitration and for holding parties to their agreement to arbitrate. However, to...more

Fenwick & West LLP

Ninth Circuit Nixes Live Nation’s ‘Unconscionable’ Arbitration Agreement

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On October 28, 2024, the Ninth Circuit affirmed the district court’s ruling in Heckman v. Live Nation, finding Live Nation’s Ticketmaster arbitration agreement unconscionable and therefore unenforceable based on their terms...more

McGlinchey Stafford

Litigation Byte (October Edition)

McGlinchey Stafford on

Delivered in digestible, insightful bites, McGlinchey’s Litigation Byte is a monthly roundup of financial services decisions and cases nationwide that impact your business. 4th Circuit Holds Rental Applicant Lacks Standing...more

Ballard Spahr LLP

Ninth Circuit Refuses to Enforce Ticketmaster’s Mass Arbitration Procedures Notwithstanding the Federal Arbitration Act

Ballard Spahr LLP on

We previously wrote about a California federal district court decision in Heckman v. Live Nation Entertainment that denied Ticketmaster’s motion to compel arbitration of Sherman Act antitrust claims based in large part on the...more

Miller Starr Regalia

The Evolving Law of Waiver Under the California Arbitration Act: Predictions for a Post-Quach World

Miller Starr Regalia on

Nearly a century ago, and recognizing the courts’ historic hostility toward arbitration agreements, Congress, followed shortly by the California Legislature, adopted laws intended to “favor” arbitration. In recent decades,...more

FordHarrison

New Jersey Judge Interprets EFAA As Requiring Employment Claims to Be Split Into Two Forums

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Real World Impact: A recent New Jersey Superior Court decision interpreting the federal Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) may require New Jersey employers to defend an employee’s...more

Smith Gambrell Russell

Eleventh Circuit’s Latest Decision in Corporacion AIC Highlights Narrow Review of International Arbitration Awards

Smith Gambrell Russell on

On October 16, 2024, the U.S. Eleventh Circuit Court of Appeals issued its latest decision in Hidroeléctrica Santa Rita S.A. v. Corporación AIC, SA, a long-running dispute over the potential vacatur of an arbitral award. The...more

Mayer Brown

Pro-enforcement Approach - Mainland China Highlights Typical Cases on Enforcing Hong Kong Arbitral Awards

Mayer Brown on

Mainland China's Supreme People's Court (SPC) recently released a series of typical cases showcasing a favourable trend in enforcing Hong Kong arbitral awards....more

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