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Archived articles from September 2011
19 articles found
Fifth Circuit Rules Non-Signatories Not Bound by Arbitration Agreement
By Victoria VanBuren - September 14, 2011
The U.S. Court of Appeals for the Fifth Circuit held that corporate officers did not personally agree to arbitrate and were not bound by an arbitration agreement. Covington v. Aban Offshore, No. 10-40449 (5th Cir. August 10, 2011) involves a dispute between Aban Offshore Limited (“Aban”), owner of an oil rig, and Guy Covington and Russell Covington, officers and employees of Beacon Maritime, Inc. (“Beacon”) a contractor hired to refurbish the rig
Recent Developments in International Arbitration | Sept. 2011
By Victoria VanBuren - September 13, 2011
Following are this month’s recent developments in international arbitration law published by the International Law Office: Germany: Court rules on New York Convention’s more-favourable right provision India: Supreme Court rules on dragging non-parties to arbitration Kenya: Arbitration: advantages, drawbacks and processes Spain: Arbitration Law is amended: compulsory insurance policy introduced Switzerland: Supreme Court confirms bench
Federal Court Orders Arbitration of Claims in BP Oil Spill Case
By Victoria VanBuren - September 12, 2011
As readers may already know, litigation surrounding the “Deep Water Horizon” oil spill is well underway. In a later twist, a federal trial court in Louisiana granted a motion to stay litigation between Anadarko and BP and ordered the parties to arbitrate pursuant to an arbitration clause found in their Joint Operating Agreement. See In RE: Oil Spill by the Oil Rig. BP had filed a motion to compel arbitration, however, Anadarko respond
International Arbitration | Lord Dyson to Speak at Chartered Institute of Arbitrators Conference Gala Dinner
By Victoria VanBuren - September 9, 2011
The Chartered Institute of Arbitrators (CIArb) has announced that the Rt Hon Lord Dyson, Justice of the Supreme Court of the UK and formerly a leading practitioner in international commercial arbitration, will be the after dinner speaker at CIArb’s annual Gala Dinner in London on Tuesday 27 September, 2011. The dinner will celebrate the end of the first day of CIArb’s Costs of International Arbitration conference, where experts from the field wil
U.S. Arbitration and Mediation Update | Sept. 2011
By Victoria VanBuren - September 8, 2011
The following bills relating to alternative dispute resolution were introduced by the 112nd U.S. Congress. The session convened in Washington, D.C. on January 3, 2011 and will end on January 3, 2013. Click on the bill number to read its text and on the status link to find the bill’s most recent legislative action. Arbitration Fairness Act of 2011. Declares that no predispute arbitration agreement shall be valid or enforceable if it requires arbit
Article | The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration
By Victoria VanBuren - September 7, 2011
We invite you to check out Professor Thomas J. Stipanowich latest article, “The Third Arbitration Trilogy: Stolt-Nielsen, Rent-A-Center, Concepcion and the Future of American Arbitration,” American Review of International Arbitration (forthcoming). Here is the abstract: For the third time in the modern era, a triad of key Supreme Court decisions represents a milestone in American arbitration. In this highly controversial “Third Arbitration Trilog
Symposium | Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration | Oct. 21, 2011
By Victoria VanBuren - September 6, 2011
On October 21, 2011, keynote speaker Gary Born leads an international group of experts in a frank discussion of issues that can arise when parties combine litigation tactics with international commercial arbitration. The symposium, entitled “Border Skirmishes: The Intersection Between Litigation and International Commercial Arbitration,” will be held at the award-winning Center for the Study of Dispute Resolution at the University of Missouri Sch
DRI Article: The FAA vs. the U.S. Bankruptcy Code?
By Victoria VanBuren - September 2, 2011
We came across an interesting article regarding the intersection of arbitration and bankruptcy published by the Defense Research Institute (“DRI”). The piece is entitled Which Federal Law Takes Precedence? The FAA vs. the U.S. Bankruptcy Code? written by John L. McCants. Here is an excerpt: In a construction law practice, a lawyer will have cases involving both the Bankruptcy Code, 11 U.S.C. 1 et seq. (FAA). This article addresses whi
Fifth Circuit Finds Corporate Officers Not Personally Bound by Arbitration Agreement and Overturns Arbitral Award
By Victoria VanBuren - September 1, 2011
The United States Court of Appeals for the Fifth Circuit has held that corporate officers are not bound personally by an arbitration agreement and overturned an arbitral award. In DK Joint Venture 1 v. Weyand, No. 09-11000 (5th Cir. August 4, 2011) six business entities (the “plaintiffs”) filed an arbitration demand against Richard Weyand and Peter Theiessen and fifteen corporations controlled by them (the “defendants”). W
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