To print this article, all you need is to be registered or login on Mondaq.com. In the final State Capture report made public on 22 June 2022, Judge Zondo stated that it is unacceptable that an institution as powerful as a bank should have no obligation to hear what a client has to…
On June 15, 2022, the Supreme Court of the United States issued an 8-1 decision in Viking River Cruises, Inc. v. Moriana, holding that an employee’s individual claims for penalties under the Private Attorneys General Act, California Labor Code section 2698 et seq. (PAGA), may be compelled to arbitration in certain circumstances. The Court went…
To print this article, all you need is to be registered or login on Mondaq.com. On 19 May 2022, the Privy Council’s judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022] UKPC 21 provided guidance on…
Last week, the Hong Kong Court of Appeal refused to grant liquidators (the “Liquidators“) of Galleria (Hong Kong) Limited (“Galleria“), a Hong Kong company, leave to appeal to the Court of Final Appeal in relation to their action against one of Galleria’s former lenders (the”Bank“) for knowing receipt, dishonest assistance and fraudulent trading. The Court…
Does 28 USC ยง 1782 (“Section 1782”), which permits litigants to seek the assistance of US district courts in obtaining evidence for use in a “foreign or international tribunal,” apply to arbitrations before “private adjudicatory bodies”? In an opinion issued this week, the US Supreme Court resoundingly said no. SeeZF Automotive US, Inc. v. Luxshare,…
20 June 2022 Proskauer Rose LLP To print this article, all you need is to be registered or login on Mondaq.com. When a litigant seeks to compel arbitration pursuant to the Federal Arbitration Act (“FAA”), there are two issues that must be resolved: (1) whether there is an agreement to arbitrate; and, if…
20 June 2022 Thompson Coburn LLP To print this article, all you need is to be registered or login on Mondaq.com. In a major victory for California employers, on June 15, 2022, the United States Supreme Court held in Viking River Cruises, Inc. v. Moriana, that the Federal Arbitration Act (“FAA”) preempts California…
Read More “US Supreme Court Sides With Employers Over Arbitration Of PAGA Claims – Class Actions” »
Court rules arbitrator inflated award by over $ 9,000 after mistakenly including unsuccessful counterclaim In Ducat Maritime Ltd v Lavender Shipmanagement Inc [2022] EWHC 766 (Comm), the English High Court set aside part of an award under section 68 (2) (a) of the Arbitration Act on grounds an “obvious accounting mistake” by an arbitrator breached…
20 June 2022 HSA Advocates To print this article, all you need is to be registered or login on Mondaq.com. Haryana Vidyut Prasaran Nigam Ltd v. Cobra Installations Y Services SA & Shyam Indus Power Solution Pvt Ltd OMP (COMM.) 8 of 2021 Background facts The parties entered into an agreement for…
20 June 2022 Erso Capital Advisors LLC To print this article, all you need is to be registered or login on Mondaq.com. On the 2nd of March 2022, the Dubai International Arbitration Center (“DIAC”) published the DIAC Arbitration Rules 2022 (“the 2022 Rules”). The Rules follow the re-launch of DIAC by Decree No. 34 of…
