Arbitration

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The process and outcome of arbitration is largely governed by the following laws: (a) law governing the contract referring to the substantive law that parties choose to govern the main contract and any disputes arising thereunder; (b) law governing the arbitration agreement referring to the law that parties choose to govern arbitration agreement (it governs…

Can I opt in to a FLSA collective action without proving the court has personal jurisdiction over MY claim?”No,” according to a recent 7th Circuit decision. A court overseeing a collective action must secure personal jurisdiction over each plaintiff’s claim, whether representative or opt-in, individually. Vanegas v. Signet Builders (7th Cir 08/16/2024) [PDF].A…

Can the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFAA) apply to pre-enactment events?”Yes,” sometimes.The EFAA renders arbitration agreements invalid and unenforceable, at the election of the complainant, in sexual assault and sexual harassment cases. But it applies only to claims that “accrue” after the effective date – March 3, 2022. So…

The Court of First Instance (CFI) already considered twice this year in the context of interim measures whether an arbitrator’s order amounted to an award or interim order: see our blog post on the decisions in G v N and W v Contractor.[1]

But questions for the CFI as to what constitutes an award…

The 1st amendment is still alive, even for an employee who posted a “shocking” and “highly offensive” message on his Facebook page. The 6th Circuit recently held that a public library violated the 1st amendment when it fired a security guard for posting a meme that said “ALL LIVES SPLATTER” — obviously a crude word…

Ascension Data & Analytics LLC terminated its contract with Pairprep Inc. for data extraction services after an alleged data breach involving Pairprep’s servers and Pairprep’s alleged “failure to extract reliable data.” Ascension subsequently initiated arbitration proceedings against Pairprep pursuant to the parties’ contract in an attempt to recover the remediation costs incurred as a result…

The Hong Kong courts consistently adopt a robust and purely mechanistic approach to applications resisting enforcement of awards, but they will refuse enforcement in appropriate circumstances.

In the case of A v R1 and Another [2024] HKCFI 1511, the Court of First Instance (CFI) refused to enforce two related Mainland awards because various failings…

Another piece of troubling news for arbitration in Russia-related matters came to light. The Russian Supreme Court ruled in Case No. А45-19015/2023 (the “Ruling”) that lack of impartiality and independence of arbitrators is presumed when the tribunal is formed of nationals of states that are designated in Russia as “unfriendly” states. Although the possibilities to…

Can a co-worker’s single racial slur result in employer liability?”Yes,” according to yesterday’s California Supreme Court decision in Bailey v. San Francisco District Attorney’s Office (California 07/29/2024) [PDF].I am unaware of any other court decision, and the California court did not cite one, that holds that a single use of the N-word by…