California Supreme Court: Arbitration Agreements Must Permit Public Injunctive Relief

Tribunal Supremo California2017 | Abril 10
In a long-awaited decision, the California Supreme Court has declined to enforce an arbitration agreement due to a provision allegedly waiving plaintiff’s ability to seek “public injunctive relief” under California’s consumer protection statutes. The court’s rationale seems contrary, if not openly hostile, to the recent U.S. Supreme Court precedent enforcing such agreements under the Federal Arbitration Act (FAA).
Sigue leyendo

Anuncios

Arbitration Agreement Included in Samsung Product Manual Is Unenforceable, Third Circuit Rules

Unites States Court of Appeals for the Third Circuit2017 | Marzo 3
An arbitration provision for Samsung Galaxy S smartwatches is nonenforceable in a class action claiming the company exaggerated the product’s battery life, the U.S. Court of Appeals for the Third Circuit has ruled.

A stipulation mandating binding arbitration, printed on page 97 of a 143-page product manual, is not a valid contractual term because the court could not presume that consumers read or had notice of the terms, the court ruled Friday in Noble v. Samsung Electronics America. The appeals court affirmed a ruling by a federal judge in Newark that held the arbitration provision nonbinding.
Sigue leyendo

U.S. Supreme Court questions validity of arbitration agreements for nursing homes

Tribunal Supremo EEUU2017 | Febrero 23
The U.S. Supreme Court on Wednesday questioned the validity of arbitration agreements used by nursing homes in a case involving Kindred Healthcare.

The justices recently ruled in favor of arbitration agreements in two separate cases but they appeared to take a more critical approach to the practice when questioning Andrew Pincus, a lawyer representing Kindred Healthcare.
Sigue leyendo

8th Circuit Expands Arbitral Immunity Doctrine

United States Court of Appeals for the Eighth Circuit2017 | Enero 11
A per curiam opinion from the 8th Circuit last week highlights that even if an arbitration goes off the rails, the only remedy is vacating (or confirming) the award.  The parties cannot recover from the administrator of the arbitration.
Sigue leyendo

Delhi High Court interprets applicability of amendments to Arbitration Act

Jurisprudencia India2017 | Enero 8
The changes made in 2015 to the Arbitration Act, under which there is no automatic stay on an award being challenged, would not apply if they affect enforceability of an award in proceedings which commenced before the amendment came into effect on October 23, 2015, the Delhi High Court has said.
Sigue leyendo

Sixth Circuit Affirms Ohio Federal Court’s Ruling Denying Motion To Compel Arbitration Because Arbitration Clause In An Expired And Disputed Contract Was Not Enforceable

U.S. Court of Appeals for the Sixth Circuit2017 | Enero 3
The Sixth Circuit, in reviewing the Ohio district court’s refusal to compel arbitration de novo, noted that an arbitration clause survives the expiration of a contract only when the dispute at issue “arises under the contract,” which occurs in two circumstances relevant to the current dispute. First, the Court stated that a dispute arises under the contract when a “majority of the material facts and occurrences” giving rise to the dispute occurred prior to the expiration of the contract at issue.
Sigue leyendo

Austrian Supreme Court Establishes New Standards as Regards the Decisive Underlying Reasoning of Arbitral Awards

Jurisprudencia2017 | Enero 2
The decisive underlying reasoning (motifs, Begründung) is, without doubt, an essential part of any arbitral award and as such bears the potential of frustrating parties and arbitrators alike. On the one hand, elaborate reasoning in arbitral awards more often than not comes at the price of long waiting periods for the issuance of the awards, and periods of meticulous drafting on the part of the arbitrator(s). On the other hand, a lack of elaborate reasoning may likewise be a headache, since it exposes the arbitral award to setting aside.
Sigue leyendo

Enforcement of arbitration rulings faces challenge in Asia

Jurisprudencia2016 | Diciembre 28
A dispute between a European group and its partner in Thailand about arbitration rulings is raising doubts about investor safeguards in Asian countries where such awards are being challenged.
Sigue leyendo

Annulment of international arbitral award: the French Conseil d’Etat makes first foray into the fiefdom of the civil Cassation Court

Consejo de Estado, Francia2016 | Diciembre 23
On 9 November 2016 and for the first time, the French State Council (Conseil d’Etat) set aside an international arbitral award. The award related to a public contract performed in France. The award was partially set aside on the ground that the arbitral tribunal failed to apply a mandatory rule of domestic French public law.
Sigue leyendo

Two Tier Arbitration Procedure Permissible Under The Laws Of India: SC

Jurisprudencia India2016 | Diciembre 16
In a landmark judgment accepting the concept of ‘two tier arbitration’ or ‘second instance arbitration’, a three judge bench of the Supreme Court comprising of Justices Madan B. Lokur, R.K Agrawal and D.Y Chandrachud answering a reference made in 2006 due to divergence of opinions between Justice S.B.Sinha and Tarun Chatterjee, held that arbitration clauses which provide for a two- step arbitration process are valid under Indian arbitral jurisprudence.
Sigue leyendo

Singapore Court confirms validity of asymmetric arbitration agreements

Jurisprudencia2016 | Noviembre 30
The Singapore High Court in Dyna-Jet Pte Ltd v Wilson Taylor Asia Pacific Pte Ltd [2016] SGHC 238 recently confirmed that a dispute-resolution agreement constituted a valid arbitration agreement, even if it only granted one party the right to elect to arbitrate a dispute.
Sigue leyendo

Supreme Court Got It Right in Affirming Arbitration Award

Tribunales Connecticut2016 | Noviembre 30
The vexing problem of defining “public policy” in labor arbitration cases is becoming less vexing. As you may recall from our previous opinion on this matter, one basis for which an arbitration award may be overturned by the courts is for violating public policy. These cases become press-worthy when public sector employees are involved.
Sigue leyendo

Expert report binds parties in boundary dispute despite error

Jurisprudencia2016 | Noviembre 30
A boundary award made by a jointly commissioned expert has been upheld despite it being mistaken, the High Court has ruled.

Handing down judgment in the Queen’s Bench Division earlier this month, Mrs Justice Lang agreed with the decision of His Honour Judge Simpkiss that ‘neither party could appeal against an award merely on the basis it was mistaken’ under the law on expert determinations.
Sigue leyendo

U.S. Supreme Court declines to hear tobacco arbitration dispute

Tabaco2016 | Octubre 11
An arbitration panel found that six states, including Pennsylvania and Maryland, had not met their side of the bargain to ensure, as required, that companies that were part of the settlement did not disproportionately lose market share as a result of the terms of the deal to competitors that shunned it.
Sigue leyendo

Tribunal de Arbitraje Deportivo reduce suspensión de Sharapova

Deporte2016 | Octubre 4
Maria Sharapova podrá volver a las canchas de tenis en abril después que su sanción por dopaje fue reducida a 15 meses este martes por un tribunal deportivo que determinó que la estrella rusa no tuvo “mucha culpa” por su resultado positivo.
Sigue leyendo

English court upholds arbitrator’s decision to award claimant the costs of third party funding

Third party funding2016 | Octubre 3
The English court has refused a challenge under s68(2)(b) of the Arbitration Act 1996 (theAct) and held that a sole arbitrator did not exceed his powers in including the costs of third party funding within a costs award.
Sigue leyendo

Hong Kong Court orders stay to arbitration pursuant to proper steps of escalation clause for dispute resolution

Jurisprudencia2016 | Septiembre 20
In William Lim and Another v. Hung Ka Hai Clement and Others [2016] HKCFI 1439; HCA 1282/2016 (24 August 2016), the Hong Kong Court of First Instance ordered a stay of court proceedings and referred an ongoing dispute to arbitration pursuant to s 20 (1) of the Arbitration Ordinance (Cap 609). The Court found that it had no jurisdiction when an action brought before it is one which is the subject of an arbitration agreement.
Sigue leyendo

Costs of raising third party funding to pursue claims in arbitration can be recovered, says High Court

Third party funding2016 | Septiembre 20
Businesses can recover third party funding they have raised to pursue arbitration claims seated in England from the companies they litigate against, the High Court in London has ruled.
Sigue leyendo

One Step Forward, Two Steps Back – PRC Court refuses to enforce an ICC award on the ground of public policy

ICC2016 | Septiembre 20
In Wicor Holding A.G. v. Taizhou Haopu Investments Limited (Civil Action (2015) Tai Zhong Shang Zhong Shen Zi No. 00004), the Taizhou Intermediate People’s Court refused to enforce an ICC award on the ground of public policy.
Sigue leyendo

‘I Agreed To What?’ – Federal Court Decision May Increase Scrutiny Of Online Terms And Conditions

Seal of the United States District Court for the Southern District of New York2016 | Septiembre 15
Can a consumer be bound by an arbitration agreement contained in online terms and conditions by merely signing in to an Internet-connected service? In a recent opinion that should strike a note of caution among businesses, a federal judge in New York held such an arbitration agreement unenforceable.
Sigue leyendo

German Supreme Court upholds CAS arbitration agreement and award

Resultado de imagen de sports2016 | Septiembre 15
In a landmark decision dated 7 June 2016 (file no. KZR 6/15) the German Supreme Court has confirmed that the Court of Arbitration for Sport in Lausanne (CAS) is a properly constituted arbitral tribunal and that an arbitration clause included in agreements between an athlete and a monopolistic international sports association referring all disputes to the CAS was generally valid.
Sigue leyendo

English-Only Arbitration Agreement Deemed Unenforceable

Resultado de imagen de california court appeal seal2016 | Septiembre 14
An arbitration provision that was provided only in English to a population consisting of one-third Spanish speakers, and that required claimants to bear one-half of arbitration expenses, was unenforceable as unconscionable. Sigue leyendo

California Court of Appeal Rules Arbitration Agreement In Employee Handbook Is Not Enforceable

Resultado de imagen de seal Courts of Appeal of the State of California2016 | Septiembre 10
On August 22, 2016, a California Court of Appeal held that an arbitration agreement in an employee handbook did not create an enforceable agreement to arbitrate.  Esparza v. Sand & Sea, Inc. et al., B268420 (Aug. 22, 2016).  The employee handbook at issue stated, “[T]his handbook is not intended to be a contract . . . nor is it intended to otherwise create any legally enforceable obligations on the part of the Company or its employees.”
Sigue leyendo

OMC | Laudos, Reglamentos, Informes, Estadística, Publicaciones

Organización Mundial del Comercio (OMC) | World Trade Organization (WTO)

Desde su fundación
Organización Mundial del Comercio | World Trade Organization
Laudos | Informes | Estadística | Publicaciones
ES | EN | FR
Sigue leyendo