Certain entities (“Petitioners”) provided Respondents with advice to minimize taxes from the sale of their company.  See Arthur Andersen LLP, et al. v. Carlisle, et al., 129 S.Ct. 1896 (May 4, 2009).  As part of the tax shelter that was ultimately created to accomplish this goal, certain Respondents entered into investment-management agreements with Bricolage Capital LLC, which specified that “[a]ny controversy arising out of or relating to [the agreements] or the breach thereof, shall be settled in arbitration conducted in New York, New York.” 


Read More U.S. Supreme Court Finds that a Nonsignatory to an Arbitration Agreement May Invoke Section 3 of the FAA to Stay an Action in Favor of Arbitration, and is Entitled to an Interlocutory Appeal of an Order Denying Such a Motion

In Hrvatska Elektroprivreda v Slovenia [ICSID Case No ARB/05/24 (6 May 2008)] the defendant, in an arbitration before the International Centre for the Settlement of Investments Disputes (ICSID) waited until one week before a substantive hearing, to disclose to the tribunal and the claimant, a list of lawyers who would be attending. When disclosed, the list included a QC who was a member of the same chambers as the president of the tribunal (which is not unusual in English law proceedings). 


Read More UK: Questioning the Impartiality of Chambers

(1) Roger Shashoua (2) Rodemadan Holdings Ltd (3) Stancroft Trust Ltd v Mukesh Sharma [2009] EWHC 957 (Comm) involved a dispute over a shareholders agreement governed by Indian law, which contained an arbitration clause providing for an arbitration in London, under the rules of the International Chamber of Commerce (the ICC). 


Read More UK: Supranational Arbitrations and the Laws of England

Midgulf (M) was a trader in sulphur and Groupe Chimiche Tunisien (G) was a company owned by the state of Tunisia. The parties entered into a contract for the sale and purchase of sulphur in June 2008 and a further contract for the same in July 2008. The June 2008 contract contained a London arbitration clause. G complained about the quality of the sulphur provided under both contracts and subsequently terminated the July contract. A dispute arose as to whether the July 2008 contract contained a London arbitration clause. 


Read More UK: Midgulf International Ltd v Groupe Chimiche Tunisien (2009) [2009] EWHC 963 (Comm)

Utopia Studios, Ltd., a New York corporation, retained Earth Tech, Inc., a California corporation with offices worldwide, to provide engineering and consulting services in connection with the development of a property.  The parties’ relationship was governed by a Master Services Consulting Agreement (“MSA”) that included, among other terms, a broad arbitration provision. 


Read More New York Federal Court Compels Party to Arbitrate, Despite the Fact that Party Claimed to be a Nonsignatory to the Relevant Arbitration Agreement

On February 12, 2009, House Representative Henry “Hank” Johnson (D-GA) re-introduced legislation relating to the Federal Arbitration Act, which is now called the Arbitration Fairness Act of 2009.  In June 2008, we first reported on the initial introduction of this legislation, the Arbitration Fairness Act of 2007 (click here for previous post). 
Read More Proposed Senate Bill Seeks to Enact Significant Changes in Arbitration

In the Matter of Trader Pro LLC v. Pires, No. 012334/09 (N.Y. Sup. Ct., Apr. 16, 2009), the Petitioners moved for an order pursuant to CPLR 3102[c] for the issuance of pre-arbitration subpoenas to the Respondents, in order to determine the identity of other potential parties for an arbitration that Petitioners intended to commence. 
Read More New York State Court Orders Pre-Arbitration Discovery in Aid of Contemplated Arbitration

Defendant New York Merchants Protective Co. Inc. (“NYMP”) is engaged in the business of installing and/or maintaining alarm systems.  See Custom Metal Inc. v. New York Merchants Protective Co. Inc., 21343/08 (Nassau County, Sup. Ct., Apr. 6, 2009).  Plaintiff Custom Metal Inc. (“Custom Metal”) was a customer of NYMP and entered into a contract in 2003 by which NYMP was responsible for installing and maintaining a security system at Custom Metal’s principal place of business. 


Read More New York State Court Orders Parties to Arbitrate Dispute, even where Plaintiff Alleges that Contract Containing Arbitration Clause Was Induced by Fraud

In IMT Shipping & Chartering GMBH v Chansung Shipping Co Ltd, owners of Zenovia [2009] EWHC 739 (Comm), the appellant time charterer appealed against the decision of arbitrators concerning the status and effect of a notice of approximate redelivery date given by the charterer to the respondent ship owners. 
Read More UK: Notice of Approximate Redelivery Date by Time Charterer Does Not Give Rise to Promissory Estoppel and Prevent Subsequent Change