International Law

Recent Posts

Rejecting Claim of Unconscionability to Avoid Arbitration
Posted on 19 Jul 2011 by Cadwalader OneWorld International Practice

District Court Reaffirms New York as a Center for International Commerce and Standardized Contracting By Louis M. Solomon Where would an international practitioner or law firm or even a purely domestic corporate lawyer or go for a recent... Read More

International Arbitral Tribunal (ICSID) Approves “Mass” — Class Action-Like — Claims Approach by Creditors against Argentina
Posted on 14 Sep 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon We have posted on the role of class or other collective actions in international litigation , both in the U.S. and elsewhere. The issue is also pertinent to the question we have also discussed in various contexts: whether class... Read More

As More “Confidential” International Arbitral Awards Made Public, the Practitioner’s Need to Consider Alternatives Increases
Posted on 14 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon We recently posted on the peril to the intended confidentiality accorded the arbitration of international disputes by the necessity of having to file in open court arbitral awards in order to enforce or challenge them. The issue... Read More

Second Circuit Affirms Direction to Arbitrate But Holds the Arbitration Panel Determines Scope of Contractual Forum Clause
Posted on 13 Oct 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon UBS Financial Services, Inc., et al. v. West Virginia University Hospitals (WVUH), et al. , Dkt. No. 11-235-cv (2d Cir. Sept. 2011) [ enhanced version available to lexis.com subscribers / unenhanced version available from lexisONE... Read More

U.K. Arbitral Award Recognized, and Resulting U.K. Money Judgment Enforced, By U.S. Court against Nigeria; FSIA Issues Ignored
Posted on 25 Aug 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Continental Transfert Technique Limited v. Federal Government of Nigeria , Civil Action No. 08-2026 (D.D.C. Aug. 2011), [ enhanced version available to lexis.com subscribers ] grants summary judgment in favor of a plaintiff... Read More

New York’s Intermediate Appellate Court, Vacating Earlier Ruling
Posted on 17 Oct 2011 by Cadwalader OneWorld International Practice

Reaffirms that It Is the Court, Not the Arbitrator, Who Decides Threshold Issue of Arbitrability By Louis M. Solomon We earlier blogged on the Appellate Divisions decision in Jalas v. Halperin . The Appellate Division subsequently granted a motion... Read More

Courts Continue To Resist Confidentiality in Filing Arbitral Vacatur/Confirmation Proceedings; Other Rulings Lead To Confirmation of Award
Posted on 28 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Harper Ins. Ltd. v. Century Indemnity Co. , 10 Civ. 7866 (S.D.N.Y. July 2011)(NRB) [ enhanced version available to lexis.com subscribers ], addresses cross-petitions to vacate and confirm an arbitral award. The case addresses... Read More

Choice of Law Determines Arbitrability; “Clear and Unmistakable” Standard Adopted; “Arising Under” Deemed a Narrow Arbitration Clause
Posted on 2 Nov 2011 by Cadwalader OneWorld International Practice

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... Read More

Clause Requiring Arbitration of “Any Controversy”
Posted on 5 Sep 2011 by Cadwalader OneWorld International Practice

Broad Enough To Encompass Claims Pre-dating the Agreement or Having Nothing to Do the Agreement Containing the Arbitration Provision By Louis M. Solomon Nanosolutions, LLC, et al. (Nano) v. Prajza, et al. , Civil Action No. 10-1741 (EGS) ... Read More

How to Keep Confidential Arbitral Awards Confidential Even When Seeking To Enforce/Vacate Them
Posted on 24 Oct 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon One of the promises made by international dispute resolution is that when the forum of the dispute is an arbitration the proceedings are, and can remain, confidential (see generally the discussion of the confidential nature of... Read More

11th Circuit Follows Supreme Court Decision in ATT Mobility To Preempt Florida Law
Posted on 7 Sep 2011 by Cadwalader OneWorld International Practice

Purporting To Limit Party's Right To Preclude Assertion of Class Claims in Consumer Arbitration By: Louis M. Solomon Cruz, et al. v. Cingular Wireless, LLC , No. 08-16080 (11th Cir. Aug. 2011) [ enhanced version available to lexis.com... Read More

Even a Year’s Delay Does Not Waive Right to Compel Arbitration Provided No Substantial Invocation of Court Assistance
Posted on 10 Aug 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon In re: Oil Spill by the Oil Rig "Deepwater Horizon" in the Gulf of Mexico, on April 20, 2010 , MDL No. 2179 (E.D. LA. July 2011) (Rec. Doc. 2169) [ enhanced version available to lexis.com subscribers ], decides a motion... Read More

Court Adheres To Earlier Ruling that Arbitration Clause Is Unenforceable
Posted on 26 Aug 2011 by Cadwalader OneWorld International Practice

Because It Interfered With Federal Right, Despite Supreme Court Ruling in Conception By Louis M. Solomon H. Cristina Chen-Oster, et al. v. Goldman, Sachs & Co . , et al., 10 Civ. 6950 (S.D.N.Y. July 2011) (Francis, M.J.) [ enhanced... Read More

Arbitration Compelled for Industry-wide Antitrust Claim Made against a Single Defendant despite Active Participation in Multidistrict Litigation for Over a Year
Posted on 19 Oct 2011 by Cadwalader OneWorld International Practice

Nokia Corp., et al. v. AU Optronics Corp. (AUO), et al. , MDL No. 1827 (N.D. Cal. July 2011) [ enhanced version available to lexis.com subscribers ], orders arbitration on the basis of reasoning that is noteworthy for the litigation of international... Read More

Combination of Arbitration and Non-U.S. Choice of Law Provisions Contrary To Public Policy; Defendant Permitted To Stipulate to U.S. Law to Compel Arbitration
Posted on 7 Nov 2011 by Cadwalader OneWorld International Practice

By Louis M. Solomon Alcalde v. Carnival Cruise Lines , Case No. 10-24457-Civ-Moore/Torres (S.D. Fla. July 2011) [ enhanced version available to lexis.com subscribers ], is another in the line of recent cases struggling with the interplay between the... Read More