News & Analysis as of

Contract Terms Arbitration Awards Contract Disputes

Mayer Brown

Germany’s Highest Court Upholds Validity of Arbitration Agreement which Excludes German T&C Law

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In an important decision this year (I ZB 48/24), the German Federal Court of Justice confirmed that parties can agree to exclude the application of German law on general terms and conditions in their arbitration agreements...more

Carlton Fields

Second Circuit Affirms Confirmation of Arbitration Award Involving Dispute About Foreign Restaurant Franchises

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The Second Circuit Court of Appeals has rejected a challenge to a confirmation of an arbitration award upholding the nonrenewal of a master franchise agreement for Subway restaurants....more

JAMS

The Power of Choice: How Flexibility in Arbitration Drives Better Outcomes

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Arbitration is often chosen as an alternative to litigation because it can be more efficient and cost-effective, as well as tailored to the needs of the parties. But to fully realize these benefits, flexibility is key. The...more

Baker Botts L.L.P.

Don't Get Caught Out: When English Limitation Periods Can Trump Your Contract's Governing Law

Baker Botts L.L.P. on

The High Court’s recent decision in Djanogly v. Djanogly [2025] EWHC 61 (Ch) is a rare example of a successful challenge to an arbitration award under s.68 of the Arbitration Act 1996. It also highlights a feature of...more

Gray Reed

Arbitration Result Can Be “Good”, “Bad” or “Ugly”

Gray Reed on

The message in RSM Production Corporation v. Gaz du Cameroun SA: According to the federal Fifth Circuit, an arbitration tribunal’s construction of a contract and the arbitration rules governing the dispute “hold, however...more

A&O Shearman

Maritime misadventure: the case of the nominal damages

A&O Shearman on

Where two vessels were returned late by a charterer, only nominal damages were recoverable, since even if the vessels had been returned on time, the owners could not have chartered them out owing to obligations under...more

BCLP

HK Court Overrules Arbitrator’s Decision regarding Compatibility of Arbitration Agreements: Interpretation of “mutatis mutandis” -...

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In SYL v GIF [2024] HKCFI 1324 (date of judgment: 20 May 2024), the Hong Kong Court of First Instance (“the Court”) set aside an Interim Award made by the arbitral tribunal (“Tribunal”) in an HKIAC-administered arbitration....more

Holland & Knight LLP

Consejo de Estado unifica jurisprudencia sobre arbitrabilidad de actos administrativos

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La Sección Tercera del Consejo de Estado de Colombia resolvió recientemente el recurso extraordinario de anulación en contra del laudo del 11 de julio de 2022, proferido por el tribunal arbitral constituido para resolver las...more

Lathrop GPM

Florida Federal Court Denies Motion to Vacate Arbitration Award Brought by Franchisee Who Claimed Not to Have Notice of the...

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A federal court in Florida rejected a franchisee’s motion to vacate an arbitration award entered against it despite its arguments it did not have notice of the arbitration hearing. Your CBD Stores Franchising, LLC v....more

BCLP

Important judgment on pre-conditions in arbitration clauses

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Many modern commercial contracts contain dispute resolution clauses which submit disputes to arbitration. It is common for parties to agree to a set of pre-conditions or escalation mechanisms which have to be complied with...more

White & Case LLP

Construction contracts: ambiguities in remeasurement provisions

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Remeasurement provisions are commonly used in construction and engineering contracts where there is uncertainty as to the quantity of work to be performed by the contractor. Remeasurement may be desirable in these situations,...more

Carlton Fields

Court Denies Petition to Vacate Arbitration Award Based on Judicial Estoppel

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This case arises out of plaintiff John B. Napoleone’s failure to repay a sign-on bonus of $100,000 to his former employer, defendant S2K Financial LLC, under the terms of his employment agreement. S2K commenced an arbitration...more

Carlton Fields

Connecticut Supreme Court to Consider Whether Parties Can Use FAA to Extend Time to Vacate Arbitration Award

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The Connecticut Supreme Court will consider whether the parties to an arbitration agreement can circumvent Connecticut’s 30-day statutory deadline for filing an application to vacate an arbitration award by including in the...more

Carlton Fields

Court Vacates Arbitration Award on Grounds of Evident Partiality

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City Beverages LLC, doing business as Olympic Eagle Distributing, and Monster Energy Co. entered into an agreement under which Monster had exclusive distribution rights for its products in a certain territory for 20 years....more

Carlton Fields

Court Confirms Arbitration Award Under FAA’s Strong Presumption in Favor of Such Awards

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This case arises from a dispute over the parties’ obligations under several oil and gas leases. The parties engaged in an arbitration pursuant to an arbitration agreement. The arbitration panel entered awards in favor of...more

Carlton Fields

Southern District Confirms Arbitration Award Over Challenge Based on Failure of Arbitrators to Disclose Information

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The Southern District of New York has rejected a petition to vacate an arbitration award on the basis that the arbitrators failed to disclose allegedly material information. ...more

Carlton Fields

Tenth Circuit Affirms District Court’s Confirmation of Arbitration Award While Applying “One of the Narrowest Standards of Review...

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Plaintiffs-Appellants MEMC II, LLC and Mike McDaniel (collectively, “MEMC”) contracted to have Defendant-Appellee Cannon Storage Systems, Inc. (“Cannon”) build a commercial storage facility in Dallas, Texas. ...more

Carlton Fields

Southern District Of New York Confirms Arbitration Award Despite Allegation Of Undisclosed Real Party In Interest

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After Hurricane Sandy hit the east coast in 2012, the Army Corps of Engineers contracted with Environmental Chemical Corp. (ECC) to conduct clean up on Fire Island, New York....more

Carlton Fields

Eighth Circuit Upholds Confirmation of Arbitration Award Directing Payment of Attorney’s Fees and Expenses Unrestricted by...

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In a case concerning a contract for the construction of a pipe conveyor system, ProEnergy Services, LLC, and its surety Western Surety Company (collectively, “ProEnergy”), appealed a judgment confirming an arbitration award...more

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