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All articles tagged '"arbitrability"'
61 articles found
Article | Arbitration of Trust Disputes: Two Bodies of Law Collide
By Victoria VanBuren - April 25, 2012
We invite you to read professor S.I. Strong (pictured right) latest draft article, S.I. Strong, Arbitration of Trust Disputes: Two Bodies of Law Collide, 45 VANDERBILT JOURNAL OF TRANSNATIONAL LAW __ (forthcoming 2012). Here is the abstract: Once considered nothing more than “mere” estate planning devices, trusts play a large and growing role in the international economy, holding trillions of dollars of assets and generating billions of dollars o
2011 Developments in International Arbitration
By Victoria VanBuren - December 27, 2011
Today, Disputing continues its 2011 Year-End Highlights. Following are some of the recent developments in international arbitration published in 2011 by the International Law Office (free registration is required to view the articles): Brazil: Let’s continue to talk about arbitration! Canada: Validity of arbitration agreement is issue for arbitral tribunal, not court Denmark: New rules make arbitration faster and better Germany: Supreme Cou
GUEST-POST | Professor Alan Scott Rau Comments on Flattery Ltd. v. Titan Maritime LLC
By Victoria VanBuren - November 21, 2011
by Alan Scott Rau Some of the readers of this blog may have missed the Ninth Circuit’s recent decision in Cape Flattery Ltd. v. Titan Maritime LLC, 647 F.3d 914 (9th Cir. 2011)—in which the court addressed the critical question of how a court is to determine whether a dispute is “arbitrable” for purposes of a motion to compel—and then proceeds to make a complete hash of it. The M/ V Cape Flattery had run aground on a submerged coral r
KPMG LLP v Cocchi | U.S. Supreme Court Holds that a Court May Not Deny Arbitration When Some of the Claims Are Nonarbitrable
By Victoria VanBuren - November 14, 2011
Last week, the U.S. Supreme Court held that courts must enforce arbitration agreements even if the plaintiff’s Complaint contains nonarbitrable claims. In KPMG LLP v. Cocchi, 565 U.S. ___ ( 2011) the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration in a lawsuit involving claims brought against the auditing firm KPMG LLP (“KPMG”) by investors owners of a limited pa
U.S. Supreme Court Rules on KPMG LLP v. Cocchi
By Victoria VanBuren - November 7, 2011
Today, the U.S. Supreme Court issued its opinion on KPMG, LLP v. Cocchi et al., 565 U. S. ____ (2011). Background and holding are as follows: In this case the Fourth District Court of Appeal of the State of Florida upheld a trial court’s refusal to compel arbitration of respondents’ claims after determining that two of the four claims in a complaint were nonarbitrable.Though the matter is not altogether free from doubt, a fair reading of the opin
Recent Developments in International Arbitration | Oct. 2011
By Victoria VanBuren - October 26, 2011
Following are this month’s recent developments in international arbitration law published by the International Law Office: France: Arbitrators cannot seek a ruling on the constitutionality of statutory provisions Portugal: Back on the right track: Supreme Court rules on multi-contract arbitration United Kingdom: Court of Appeal rules on arbitrability of shareholder’s claims Technorati Tags: law, ADR, arbitration
American Review of International Arbitration | Arbitral Power and the Limits of Contract: The New Trilogy
By Victoria VanBuren - October 12, 2011
We thought that you might find interesting Professor Alan Scott Rau’s latest article, Arbitral Power and the Limits of Contract: The New Trilogy (October 7, 2011). American Review of International Arbitration, Forthcoming. Here is the abstract: The American law of arbitration has for some reason been replete with what we have become accustomed to call “trilogies” – and the last two terms of the U.S. Supreme Court have curiously continued th
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
Second Circuit Remands Fensterstock v. Education Finance Partners
By Victoria VanBuren - July 5, 2011
On June 30, 2011, the U.S. Court of Appeals for the Second Circuit remanded Fensterstock v. Education Finance Partners for initial consideration of the arbitration issues. Fensterstock involves a class-action and class-arbitration waiver provision in a promissory note of a law student loan. Read more here. Following is the summary order: In Fensterstock v. Education Finance Partners, 611 F.3d 124 (2d Cir. 2010) (“Fensterstock II“), va
S.D. Texas Sends Case Removed Under 9 U.S.C. § 205 Back to State Court
By Beth Graham - January 26, 2011
The Southern District of Texas has remanded a case removed to federal district court pursuant to 9 U.S.C. § 205 because the requirements for allowing a nonsignatory to compel arbitration with a signatory were not satisfied and no other basis for federal jurisdiction existed. In QPro Inc. v. RTD Quality Servs. United States, No. H-09-3904, (S.D. Tex. January 4, 2011), QPro Inc. (“QPro”), a Texas company that performs nondestructive testing and ins
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