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All articles tagged '"New York"'
85 articles found
Challenges to Forum Non Conveniens
By Beth Graham - July 9, 2013
Ronald A. Brand, Chancellor Mark A. Nordenberg Professor and Director for the University of Pittsburgh School of Law’s Center for International Legal Education has published a fascinating paper entitled, Challenges to Forum Non Conveniens, New York University Journal of International Law and Politics (JILP), Vol. 45, No. 3, 2013; U. of Pittsburgh Legal Studies Research Paper No. 2013-21.
U.S. Supreme Court Considering Petition for Certiorari in Dispute Over How to Define “Arbitration”
By Beth Graham - June 26, 2013
A petition for certiorari in an arbitration case that was decided earlier this year by the Second Circuit Court of Appeals is currently being considered by the United States Supreme Court. In Bakoss v. Certain Underwriters at Lloyds of London, No. 12-1429, the appeals court held that the meaning of the term “arbitration” under the Federal Arbitration Act (FAA) was defined by federal common law.
American Exceptionalism in Consumer Arbitration
By Beth Graham - May 22, 2013
Amy Schmitz, Professor of Law at the University of Colorado Law School, has authored an interesting article entitled, American Exceptionalism in Consumer Arbitration, Loyola University Chicago International Law Review, Vol. 10, No. 1, 2013; U. of Colorado Law Legal Studies Research Paper No. 13-7. In her paper, Professor Schmitz describes business-to-consumer arbitration policy in the United States and the effect it may have on cross-border disp
Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration
By Beth Graham - March 14, 2013
Professor S.I. Strong, from the University of Missouri School of Law (and a friend of this blog), has published an interesting article entitled Beyond the Self-Execution Analysis: Rationalizing Constitutional, Treaty and Statutory Interpretation in International Commercial Arbitration, 53 Virginia Journal of International Law __ (2013), University of Missouri School of Law Legal Studies Research Paper No. 2013-05. Here is the abstract: Internatio
Martha Stewart Living Ordered to Mediate Dispute With Macy’s and J.C. Penney
By Beth Graham - March 13, 2013
Mediation is in the news again. Last week, a New York judge ordered a dispute between Macy’s, Inc., J.C. Penney Co., and Martha Stewart Living to mediation. The lawsuit itself reportedly arose after New York-based Martha Stewart Living signed a contract with Plano-based J.C. Penney to open a Martha Stewart mini shop in many of the retailer’s stores. In a separate case filed three months later, Cincinnati-based Macy’s sued J.C. Penney for interfer
Fort Worth Appeals Court Holds Insurance Company is Estopped from Forcing Arbitration
By Beth Graham - March 1, 2013
In an interlocutory appeal, Texas’ 2nd District Appeals Court has affirmed a trial court’s order denying arbitration. In New Hampshire Insurance Co. v. Magellan Reinsurance Company Ltd., No. 02-12-00196-CV (Tex.App.–Fort Worth, 2013), New Hampshire Insurance and Magellan Reinsurance Company entered into a reinsurance agreement where a trust account was set up to perfect payment. As part of the reinsurance agreement, the two companies agreed to ar
Fifth Circuit Reverses Order Compelling Non-Signatory to Arbitrate
By Beth Graham - February 19, 2013
In an unpublished opinion, the Fifth Circuit has reversed a United States District Court’s order compelling a ship builder and a propulsion system manufacturer to arbitrate a dispute between them. In VT Halter Marine, Inc. v. Wartsila North America, Inc., No. 12-60051, (5th Cir. Feb. 8, 2013), a ship operator, Vessel Management Services, Inc. (“Vessel Management”) contracted with a ship manufacturer, VT Halter Marine, Inc. (“VTHM”), to build a nu
Fifth Circuit Refuses to Confirm Foreign Arbitral Award Due to Lack of Jurisdiction
By Beth Graham - February 14, 2013
In a case of first impression, the United States Fifth Circuit Court of Appeals affirmed a district court’s refusal to confirm a foreign arbitral award due to lack of personal jurisdiction. In First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited, No. 12-30377 (5th Cir. revised Jan. 17, 2013), First Investment Corporation of the Marshall Islands (“First Investment”) entered into a series of contracts to purcha
Picture It Settled® Launches Today at LegalTech New York
By Beth Graham - January 29, 2013
Disputing contributor Don Philbin launches the full version of Picture It Settled, a new tool for providing predictive analytics for the negotiation of litigated cases, at LegalTech New York today. According to the press release: Picture It Settled software is a highly intelligent predictive analytics tool that guides inside and outside counsel through the negotiation process, based on deep data harvested from thousands of cases. The online-acces
Fifth Circuit: Courts Lack Jurisdiction Over Foreign Arbitration Awards
By Victoria VanBuren - January 21, 2013
First Investment Corporation of the Marshall Islands v. Fujian Mawei Shipbuilding, Limited No. 12-30377 http://www.ca5.uscourts.gov/opinions/pub/12/12-30377-CV0.wpd.pdf Before STEWART, Chief Judge, KING and OWEN, Circuit Judges. AFFIRMED. (December 21, 2012). Posted in New York Convention, Arbitration, Personal Jurisdiction The Fifth Circuit affirms that a Court may dismiss a petition to confirm a foreign arbitration award for lack of personal ju
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