Choice of Law Determines Arbitrability; “Clear and Unmistakable” Standard Adopted; “Arising Under” Deemed a Narrow Arbitration Clause

By Louis M. Solomon The recent decision by the Ninth Circuit in Cape Flattery Limited (Cape) v. Titan Maritime, LLC, et al. (Titan) , No. 09-15682 (9th Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], discusses several...

Choice of Law Determines Arbitrability; “Clear and Unmistakable” Standard Adopted; “Arising Under” Deemed a Narrow Arbitration Clause

By Louis M. Solomon The recent decision by the Ninth Circuit in Cape Flattery Limited (Cape) v. Titan Maritime, LLC, et al. (Titan) , No. 09-15682 (9th Cir. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], discusses several...

Court Appoints Neutral Expert On Choice of Law Issues But Rejects Public International Law Concepts’ Applicability To Private Claims

By Louis M. Solomon A recent decision, Pallano v. AES Corp. , C.A. No. 9C-11-021 JRJ (Del. Super. Ct. July 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE Free Case Law ], addresses three issues that frequently face the litigation practitioner...

Waiver of Privilege and Crime Fraud Exception at Play in International Litigation over Ecuadorian Judgment against Chevron

By Louis M. Solomon The most recent installment in the U.S. proceedings in which Chevron is trying to avoid the $8 billion judgment entered against it in an Ecuadorian court (which we have posted on many times) takes the form of a decision by a Magistrate Judge in the Southern District of New York...