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All articles tagged '"Southern District"'
23 articles found
Fifth Circuit Affirms Order Denying Arbitration Where Judicial Process Was Invoked
By Beth Graham - March 10, 2018
The Fifth Circuit Court of Appeals has ruled in an unpublished opinion that a physician waived his right to arbitration by substantially invoking “the judicial process to the detriment or prejudice of the other party.”
Second Circuit Rules ExxonMobil Subsidiary Must Comply With FSIA in Order to Enforce $188 Million ICSID Arbitration Award in U.S.
By Beth Graham - July 18, 2017
The United States Court of Appeals for the Second Circuit has ruled that an ExxonMobil Oil Corporation subsidiary may not enforce a $188 million International Center for Settlement of Investment Disputes (“ICSID”) arbitral award against the Venezuelan government in the United States without first complying with the notice requirements provided for in the Foreign Sovereign Immunities Act (“FSIA”).
An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014
By Beth Graham - December 10, 2015
Vera Korzun, Adjunct Professor at Fordham University School of Law, and Thomas H. Lee, Leitner Family Professor of International Law at Fordham University School of Law, have published “An Empirical Survey of International Commercial Arbitration Cases in the US District Court for the Southern District of New York, 1970-2014,” Fordham International Law Journal, Vol. 39, No. 2, 2015; Fordham Law Legal Studies Research Paper No. 2698315.
Fifth Circuit Holds Texas Federal Court Committed Error When it Refused to Compel Arbitration
By Beth Graham - September 11, 2014
The United States Court of Appeals for the Fifth Circuit has overturned a lower court’s decision not to compel arbitration in an oil & gas dispute. In Rushaid v. National Oilwell Varco, Inc., an oil drilling company (“Rushaid”) entered into a number of contracts with a group of related oil well companies.
S.D. Texas Compels Wireless Telephone Franchise Dispute to Arbitration
By Beth Graham - November 21, 2013
The Southern District of Texas has compelled a contract dispute over the operation of a number of wireless telephone stores to arbitration.
SD of Texas Compels Arbitration with Nonsignatory in Maritime Dispute
By Beth Graham - August 30, 2013
The Southern District of Texas has ordered arbitration with a nonsignatory in a maritime contract dispute.
SD Texas Holds Mediation Agreement May Not Reduce Statute of Limitations for Federal ADA, FLSA Claims
By Beth Graham - August 13, 2013
The Southern District of Texas has held that a class action waiver in a mediation agreement was enforceable, but a reduced statute of limitations was not.
S.D. Texas Holds Arbitral Agreement Enforceable in Employment Dispute
By Beth Graham - April 2, 2013
The Southern District of Texas has compelled a dispute between an oil worker and his former employer to arbitration. Because the parties entered into a valid agreement to arbitrate, the Southern District of Texas granted Brand’s motion to dismiss the case and compelled the employment dispute to arbitration.
Fifth Circuit Upholds Arbitrator’s Decision in Employment Dispute
By Beth Graham - March 19, 2013
The United States Fifth Circuit Court of Appeals has affirmed a lower court’s order to confirm an arbitrator’s decision in an employment dispute. In Haag v. Infrasource Services, Inc., No. 12-60159, (5th Cir. February 20, 2013), an employee, Fred Haag, was terminated from his position with Infrasource Services, Inc. for alleged gross misconduct. Following his termination, Haag filed a lawsuit in the Southern District of Mississippi and the compan
Fifth Circuit Holds Judicial Estoppel Allows Discovery in Private Foreign Arbitration
By Beth Graham - March 7, 2013
The United States Fifth Circuit Court of Appeals has ruled that judicial estoppel made discovery available in a private foreign arbitration under 28 U.S.C. Section 1782. In Republic of Ecuador v. Connor, Nos. 12-20122, 12-20123, (5th Cir. Feb. 13, 2013), the Republic of Ecuador sought discovery from John Connor and his company, GSI Environmental, (“Connor”) related to an ongoing foreign arbitration with Chevron. Previously, Chevron successfully f
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