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Archived articles from 2011
254 articles found
Ninth Circuit Refuses to Compel Arbitration Because Arbitration Clause Was Not Broad Enough to Cover Dispute
By Victoria VanBuren - September 21, 2011
In Cape Flattery Limited v. Titan Maritime, LLC, No. 09-15682 (9th Cir. July 26, 2011) Cape Flattery, a shipowner had contracted with Titan, a salvage company, to remove a stranded vessel from a reef. The contract contained the following arbitration clause: Any dispute arising under this Agreement shall be settled by arbitration in London, England, in accordance with the English Arbitration Act 1996 and any amendments thereto, English law and pra
ICC Releases Its New Arbitration Rules
By Victoria VanBuren - September 20, 2011
The International Chamber of Commerce (“ICC”) released its new Arbitration and ADR Rules on September 12, 2011, in Paris. The Rules, effective on January 1, 2012, address developing issues in international arbitration, such as multiparty contracts and causes of delay and excessive costs. Read the ICC press release here. The Rules may be downloaded here. Technorati Tags: arbitration, ADR, law
Fifth Circuit Denies Motion to Compel Arbitration in Multi-billion-dollar Ponzi Scheme Case
By Victoria VanBuren - September 19, 2011
In Janvey v. Alguirre, No. 10-10617 (5th Cir. July 22, 2011) the Securities and Exchange Commission (“SEC”) brought suit against the investment company Standford Group Company (“SGC”) and related entities for allegedly perpetrating a massive Ponzi scheme. The U.S. District Court for the Northern District of Texas granted a motion for a preliminary injunction brought by the court appointed receiver for SGC (“Receiver&
Disputing Welcomes the Blog ‘Annotations’
By Victoria VanBuren - September 16, 2011
We would like to welcome Annotations to the blogosphere. Annotations is a Jones McClure Publishing blog and provides news and commentary about legal developments, with particular focus on Texas and California. Check out TX: Reviewing Arbitration Awards in Texas—Departure from Federal Law (thanks for the cite!). The Disputing Team, Karl Bayer, Alyson Chaky and Victoria VanBuren
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
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