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Jurisdiction Appeals Arbitration Agreements

Jones Day

D.C. Circuit Allows Challenge to Counsel's Authority to Enforce International Arbitration Award

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The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more

Carlton Fields

Second Circuit Holds That Refusal to Enjoin Arbitration Is Immediately Appealable, Clarifies Standard for Obtaining Preliminary...

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The Second Circuit Court of Appeals recently held that a district court’s refusal to enjoin arbitration was immediately appealable because the arbitration agreement was governed by state law rather than the Federal...more

White & Case LLP

Two courts confirm the logical limits of the validation principle

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Courts in Paris and The Hague have recently refused to enforce awards from the same arbitration. These decisions confirm the logical limits to the pro-arbitration principle that arbitrators and courts should seek to uphold...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

In Big Win for Employers, U.S. Supreme Court Rules Court Proceedings Must Be Stayed During Appeal Over Arbitration

On June 23, 2023, the Supreme Court of the United States held district court proceedings must be put on hold during an appeal on the question of whether claims are subject to arbitration. The ruling is a big win for...more

Conyers

The English Arbitration Act Consultation Paper: A BVI Lens

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On 22 September 2022, the Law Commission published a consultation paper (the “Consultation Paper”) on the English Arbitration Act 1996 (the “English Arbitration Act”) which included a number of significant provisional...more

Walkers

Privy Council considers the enforcement of foreign arbitral awards in the Cayman Islands

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On 19 May 2022, the Privy Council's judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022]...more

Goodwin

Litigation Insights - July 2021

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FOREWORD - On behalf of the new and expanding Goodwin London litigation team I am delighted to welcome you to our first ever ‘Litigation Insights’: a series of quarterly updates on important and interesting developments...more

Jackson Walker

Fifth Circuit Returns to the New York Convention to Address a Protracted Saga in International Arbitration

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For the second time this year, the United States Court of Appeals for the Fifth Circuit has issued a decision interpreting and applying the New York Convention in an international arbitration case. In the most recent...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

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The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Akin Gump Strauss Hauer & Feld LLP

Anti-Arbitration Injunctions: The Implications of Sabbagh vs Khoury

In Sabbagh v. Khoury [2019] EWCA Civ. 1219, the English Court of Appeal has held that English courts have the power, in “exceptional cases”, to grant anti-arbitration injunctions to restrain an arbitration seated abroad—even...more

Bradley Arant Boult Cummings LLP

Silence Isn’t Always Golden—Sometimes It Lands You in Class Arbitration

As this blog has previously discussed, the availability of class arbitration has been significantly restricted after a series of U.S. Supreme Court decisions. However, we have also noted that express preclusion of class...more

Mintz - Arbitration, Mediation, ADR...

Who Decides the “Class Arbitrability” Issue: Fifth Circuit Joins Consensus That It Is a Court, Not an Arbitrator, But Evidently...

Add the Fifth Circuit to the growing list of Federal Circuit Courts that have decided that “class arbitrability” is a gateway question for a court, rather than an arbitrator, to decide in the first instance, absent the...more

Moore & Van Allen PLLC

U.S. Supreme Court Said “No” to Class Arbitration in Employment-Related Data Breach Dispute Because Arbitration Agreement...

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The U.S. Supreme Court issued two 5-4 decisions in as many months regarding class procedures. Lamp Plus, Inc. v. Varela, 587 U. S. ____ (2019) was favorable to corporate defendants by limiting the availability of class...more

King & Spalding

Supreme Court Rules Class Arbitrations Must Be Explicitly Authorized

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On April 24, 2019, in a 5-4 decision split along ideological lines, the Supreme Court held in Lamps Plus, Inc. v. Varela that class arbitration is not available where arbitration agreements are unclear about whether the...more

Ervin Cohen & Jessup LLP

Good News for Employers: Express Consent Required for Class Arbitration

Last year, the United States Supreme Court ruled that class action waivers in employment arbitration agreements are enforceable. But, the ruling did not address an agreement that is silent or ambiguous regarding the intent to...more

Vedder Price

Class-Wide Arbitration May Not Be Compelled in the Face of an “Ambiguous” Arbitration Agreement

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In a case with important implications for employers, Lamps Plus, Inc. v. Varela, the United States Supreme Court held that class-wide arbitration may not be compelled pursuant to an arbitration agreement that is ambiguous as...more

Carlton Fields

Supreme Court’s Lamp Plus Brings Ambiguity in Classwide Arbitration to Light

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In 2016, a hacker tricked an employee of petitioner Lamps Plus Inc. into disclosing tax information of about 1,300 company employees. ...more

Parker Poe Adams & Bernstein LLP

U.S. Supreme Court Says Arbitration Agreements Exclude Class Arbitration Absent Consent

In last year’s Epic Systems decision, the U.S. Supreme Court held that the Federal Arbitration Act (FAA) allows mandatory arbitration agreements that preclude class or collective action claims. In other words, a party to the...more

Obermayer Rebmann Maxwell & Hippel LLP

Supreme Court Blocks Class-Wide Employment Arbitration Due to Vague Contract Language

Over the past several years, the U.S. Supreme Court has been expanding the enforceability of arbitration agreements and making it easier for employers to keep employment claims out of court. In its landmark Epic Systems...more

Vedder Price

SCOTUS Catapults Class Arbitration Onto the Endangered Species List

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On April 24, 2019, the U.S. Supreme Court issued an important decision touching a number of hot button issues and litigation threats facing American businesses — including class actions, arbitration agreements and data...more

Sheppard Mullin Richter & Hampton LLP

U.S. Supreme Court Upholds Individualized Arbitration Where Agreement Is Ambiguous on Issue of Class Arbitration

In a 2010 decision, Stolt-Nielsen S. A. v. Animalfeeds International Corp., the United States Supreme Court held that parties may not be compelled to submit to class arbitration under the Federal Arbitration Act (FAA) unless...more

Snell & Wilmer

United States Supreme Court Continues Its Trend of Enforcing Individual Employment Arbitration Agreements

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Approximately one year ago, the United States Supreme Court issued its landmark decision in Epic Systems v. Lewis, 548 U.S. ___ (2018), holding that class action waivers contained in arbitration agreements, including...more

Eversheds Sutherland (US) LLP

Lights out for class arbitration – Lamps Plus holds that class arbitration cannot be read into ambiguous arbitration clauses

Consistent with prior US Supreme Court opinions, the Supreme Court held on April 24, 2019, that contractual ambiguity regarding class arbitration may not be construed against the drafter because of Federal Arbitration Act...more

Morgan Lewis

US Supreme Court Holds No Class Arbitration Absent Express Consent: Four Things to Know

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The US Supreme Court’s recent decision in Lamps Plus means that parties with arbitration agreements governed by the Federal Arbitration Act may now compel arbitration without worrying that the court will order class...more

Akerman LLP - HR Defense

U.S. Supreme Court Rules that Ambiguous Arbitration Agreements Do Not Authorize Class Arbitration

Ambiguous language in an arbitration agreement is not a sufficient basis for concluding a party has agreed to class arbitration, the U.S. Supreme Court ruled last week....more

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