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Arbitration Agreements › Forum Selection › International Arbitration

Husch Blackwell LLP

Fifth Circuit: Reference to Defunct Entity Did Not Abrogate Intent to Arbitrate

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The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, finding that the parties’ arbitration clause expressed a clear intent to arbitrate and that the reference in...more

Faegre Drinker Biddle & Reath LLP

The Fifth Circuit Held That Parties to an Arbitration Agreement Must Arbitrate Their Claims Even If the Forum They Selected No...

Faegre Drinker Biddle & Reath LLP on

The U.S. Court of Appeals for the Fifth Circuit recently compelled two parties to arbitrate their claims despite the abolishment of the forum that they selected in their international commercial arbitration clause. The case...more

Barnea Jaffa Lande & Co.

Arbitration Clauses in International Agreements – Do’s and Don’ts

Barnea Jaffa Lande & Co. on

Contractual engagements inevitably beget legal disputes. Even the best agreement is no guarantee the engagement will succeed. Accordingly, one of the most important provisions in any commercial agreement is the provision that...more

Hogan Lovells

New year, new views - arbitration highlights in the Year of the Rat

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As the world welcomes in the Year of the Rat, we take a look back at five recent decisions that made big waves in the Year of the Pig in their different ways, across Hong Kong, Singapore, and England. ...more

Carlton Fields

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

Carlton Fields on

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

Carlton Fields

Eleventh Circuit Defers To Arbitrator’s Interpretation Of Forum Selection Clause In International Dispute And Affirms Award

Carlton Fields on

Questions of arbitral venue, even in international arbitration, are presumptively for the arbitrator to decide. The court so ruled despite arguments from an Israeli company that the arbitrator’s interpretation of an...more

Latham & Watkins LLP

International Arbitration Newsletter - July 2016

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Privy Council clarifies the nature of arbitration clauses, but uncertainties about the clauses’ effect still remain. “Non-exclusive” arbitration clauses provide that disputes “may” be referred to arbitration (rather than...more

Proskauer - Minding Your Business

First Department Finds Forum Selection Clause in Earlier Agreement Valid Despite Later Agreement Providing for Arbitration

Proskauer - Minding Your Business on

In a 3-2 split decision, a New York appellate court determined that a forum selection clause providing for litigation in New York courts had not been explicitly terminated and thus trumped agreements to submit to arbitration...more

Latham & Watkins LLP

High Court Case Highlights the Importance of Commencing Arbitration within Contractual Limitation Periods

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Case: Expofrut SA & Others v Melville Services Inc and Lavinia Corporation [2015] EWHC 1950 (Comm) The English High Court has ruled that an extension to a contractually agreed period in which arbitration proceedings must...more

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