A credit card agreement between Cheryl DiLorenzo and, by assignment, FIA Card Services, N.A. (“FIA”) contained a provision that permitted either party to submit any dispute between them to arbitration before J.A.M.S./Endispute (“JAMS”).
Arbitration
Court Orders Party to Pay Attorney’s Fees and Costs Related to Opposing Party’s Motion to Confirm Arbitral Award
By Troutman Pepper Locke on
Rhonda Enterprises S.A. (“Rhonda”), a vessel owner, entered into a charter party agreement with certain charterers, Projector S.A. and Projector Asia Pte. Ltd for the carriage of goods from Taiwan to Singapore (collectively, “Projector”).
Court Enjoins Arbitrators from Determining Jurisdiction Over Non-Parties to Arbitration Agreement
By Troutman Pepper Locke on
UBS AG and its affiliates (“UBS”) commenced arbitration against Lakah Funding Limited, the primary obligor and issuer of certain Eurobonds, and against four guarantors of the bonds.
UK: Court of Appeal Clarifies Narrow West Tankers Arbitration Exclusion – Youell v La Reunion
By Troutman Pepper Locke on
The Court of Appeal has in Youell v La Reunion [2009] EWCA Civ 175 confirmed that, in light of the important West Tankers decision of the European Court of Justice, (see here) the arbitration exclusion to the Brussels I Regulation will be narrowly applied by the English courts.
U.S. District Court for the Southern District of New York Confirms Arbitration Award
By Troutman Pepper Locke on
In a recent decision of the United Stated District Court for the Southern District of New York, Global Int’l Reinsurance Co. v. TIG Ins. Co., 08 Civ. 7338 (JSR) (S.D.N.Y. Jan 20, 2009), the court granted a cedent’s petition to confirm an arbitration award and denied a reinsurer’s motion to vacate the award in part.
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UK – English High Court Decision Hints at the Impact of the West Tankers Decision
By Troutman Pepper Locke on
Posted in Arbitration, United Kingdom
In DHL GBS (UK) Limited v Fallimento Finmatica SPA [2009] EWHC 291 the English High Court declined an application by DHL GBS (UK) Limited (DHL) to stay its own appeal against the registration of an Italian judgment which had been entered against it. …
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Boeing Prevails in Satellite Arbitration
By Troutman Pepper Locke on
Boeing Company has announced in its recent 10-K filing (9 February 2009) that it has prevailed in an arbitration brought by insurers in respect of a defective model 702 satellite. Insurers of Thuraya Satellite Telecommunications (Thuraya) commenced arbitration in 2004 alleging that Boeing Satellite Systems International, Inc. (BSSI) breached its contract with Thuraya for the sale of a satellite that experienced power loss issues.
EU: ECJ Blow to Arbitration
By Troutman Pepper Locke on
Posted in Arbitration, European Union
In September 2008 we reported on the advisory opinion of the Advocate General of the European Court of Justice (ECJ) in Allianz SpA v West Tankers regarding the English courts’ ability to issue anti-suit injunctions in support of arbitration agreements. The Advocate General stated that it was incompatible with EC regulation 44/2001 (Regulation) for a court of a Member State to injunct a person from commencing or continuing proceedings in another Member State on the ground that it would be contrary to an arbitration agreement.
Southern District Orders Cedent To Produce Documents Relevant To Reinsurer’s Prompt Notice Defense
By Troutman Pepper Locke on
In a recent decision of the United States District Court for the Southern District of New York, AIU Ins. Co. v. TIG Ins. Co., 07 Civ. 7052 (SHS) (HBP) (S.D.N.Y. Nov. 25, 2008), the court ordered AIU Insurance Company (AIU”) to produce documents relevant to whether prompt notice of certain claims arising under the reinsurance contracts at issue was provided to TIG Insurance Company (“TIG”).
Federal Court Dismisses Petition to Vacate Arbitration Award for Lack of Subject Matter Jurisdiction, but Recognizes Viability of Manifest Disregard of the Law
By Troutman Pepper Locke on
Posted in Arbitration, United States
Plaintiff Newton & Associates, L.L.C. (“Newton”) petitioned the U.S. District Court for the Eastern District of Louisiana pursuant to Section 10 of the Federal Arbitration Act (“FAA”) to vacate an arbitration award in favor of defendant Sandra R. Sanchez (“Sanchez”). …
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