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Arbitration Personal Jurisdiction Arbitration Agreements

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Jenner & Block

Client Alert: Navigating the Hazards of US Litigation: Lessons from Recent Decisions Involving Korean Companies

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Notwithstanding recent political turmoil, Korean companies have been expanding into the United States at a fast clip, continuing a trend of investment beneficial to businesses in both countries. As Korean brands increasingly...more

McGlinchey Stafford

Court Refuses to Enjoin Mass Arbitration on Personal Jurisdiction Grounds

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Companies facing the threat of mass arbitration continue to seek judicial intervention to thwart such tactics. However, most of those attempts have failed. Recently, the District Court in the District of Colombia rejected a...more

Jackson Lewis P.C.

Class Action Trends Report June 2022

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In this issue of the Class Action Trends Report, Jackson Lewis attorneys discuss recent developments in arbitration and their impact on employment class actions. These include the Ending Forced Arbitration of Sexual Assault...more

BCLP

Attempt to resist enforcement of a PRC arbitral award in Hong Kong, by arguing that the arbitration agreement was tainted by...

BCLP on

Shenzhen Honeycomb System Co Ltd v HCT Technologies (Hong Kong) Co Limited (HCCT 20/2019, [2020] HKCFI 3175, 31 December 2020) confirms the Hong Kong court’s pro-arbitration and pro-enforcement approach. The case involved...more

Carlton Fields

“This Is Florida’s Problem. Not Texas’s.” Fifth Circuit’s Decision on Personal Jurisdiction Includes Two Cautionary Reminders

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On October 2, 2020, the U.S. Court of Appeals for the Fifth Circuit confronted the question whether a federal district court in Texas had jurisdiction to vacate an arbitration award in Florida. The district court answered...more

Latham & Watkins LLP

Enforcement of Foreign Judgments 2021

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Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what...more

Carlton Fields

Eighth Circuit Vacates Confirmation Over Lack of Personal Jurisdiction

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The Eighth Circuit recently vacated a judgment confirming an arbitration award after concluding that the district court lacked personal jurisdiction over the defendant....more

Carlton Fields

Court Finds That Apparently Inconsistent Forum Selection Provisions Do Not Render Arbitration Agreement Unenforceable

Carlton Fields on

Plaintiff Fintech Fund, FLP filed an action in federal court in the Southern District of Texas asserting claims under the federal Defend Trade Secrets Act and the Computer Fraud and Abuse Act against Ralph Horne, a citizen of...more

Mintz - Arbitration, Mediation, ADR...

Document Discovery From Non-Parties in Commercial Arbitration: Availability and Practical Considerations

Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more

Goodwin

Business Litigation Reporter - November 2016

Goodwin on

On June 12, 2016, the European Commission adopted a new framework for personal data transfers between the European Union (EU) and the United States (US), called the “Privacy Shield.” US companies doing business in Europe may...more

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