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Arbitration News

Arbitration News

1/22:

Role Reversal: Ninth Circuit Rejects Consumer’s Attempt To Enforce Updated Arbitration Provision In Website Terms Of Use

In Stover v. Experian Holdings, the Ninth Circuit decided an issue of the first impression while holding that a party’s single visit to a website four years after her original visit, when she agreed to an online contract containing a change-of-terms provision, is not enough to bind her to an arbitration provision that she wasn’t aware of and that appeared in a later version of the contract.

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1/21:

Hong Kong Mainland Cooperation in Arbitration Matters

The advantages enjoyed by Hong Kong as a center for arbitration of commercial disputes involving parties in Mainland China have been further enhanced by new measures to strengthen the cross-border recognition and enforcement of such awards.

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1/19:

Delaware Supreme Court Finds that Court of Chancery Had Jurisdiction To Enjoin a Collateral Attack on a Prior Arbitration Award Under the Federal Arbitration Act

The Delaware Supreme Court's decision in Gulf LNG Energy, LLC v. ENI USA Gas Mktg., LLC, confirms that the Court of Chancery has jurisdiction to enjoin a collateral attack on a prior arbitration award.

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1/18:

Texas Federal Judge Declines to Rule on Procedural Issues in Multiple Successive Arbitrations Filed by Same Parties, Leaving Dispute to Arbitrators

The dispute included a total of 21 parties through six different arbitrations before six different arbitrators. It stemmed from a disagreement between two doctors, their business entities, and captive insurers (the plaintiffs), and a lawyer, law firm, and its affiliates (the defendants). The plaintiffs engaged the defendants to create captive insurers and tax shelters for them. However, after a U.S. Tax Court ruling which entailed negative consequences for the shelters, the plaintiffs asked the defendants to 'liquidate and wind down' their program, but the defendants refused to do so.

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1/15:

Bringing a Case to Arbitration Should be Easier Following Recent Ninth Circuit Decision

Recently, the U.S. Ninth Circuit Court of Appeals decided that a plaintiff may not avoid arbitration and manufacture appellate jurisdiction simply by voluntarily dismissing his claims. In this decision, the Ninth Circuit relied on an intervening U.S. Supreme Court precedent to effectively overrule its previous decision where it reached an opposite conclusion.

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1/14:

Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed

Last month, the United States Court of Appeals for the Third Circuit held that an arbitration award filed with a petition to confirm the award was a judicial record and therefore subject to the common-law right of access.

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1/13:

Second Circuit Declines to Vacate Foreign Arbitral Award Under New York Convention Absent Valid Reason

In Pagaduan v. Carnival Corp., the Second Circuit Court of Appeals upheld the Eastern District of New York's order declining Pagaduan's motion seeking nonenforcement and/or vacatur of the award granted by a Phillippine Labor Arbitor, for the absence of valid reasons under the New York Convention for the Recognition and Enforcement of Foreign Arbitral Awards.

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1/05:

New York City Set To End At-Will Employment For Fast Food Workers

On December 17, the New York City Council passed two bills that prohibit fast food employers from terminating employees unless they have just cause or bona fide economic reasons for doing so. These bills will also give fast-food employees the option of pursuing claims through arbitration, even if they do not have arbitration agreements with their employers.

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1/04:

Civil Lawsuit Against Danny Masterson Must Go Through Church of Scientology Arbitration, Judge Rules.

The civil lawsuit against actor Danny Masterson will be arbitrated through the Church of Scientology, according to new reports.

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12/29:

Arbitration Provision Survives Agent Termination

Has the judicial preference for presuming the survivability of arbitration clauses governing workplace disputes reached canonical status? According to the U.S. District Court for the Eastern District of Arkansas, the answer may be yes.

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