International Law

Recent Posts

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

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

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

Florida District Court Adheres To Holding
Posted on 9 Sep 2011 by Cadwalader OneWorld International Practice

That No-Class-Action Provisions in Five Agreements' Arbitration Provisions Are Unenforceable as Unconscionable Despite U.S. Supreme Court and Eleventh Circuit Precedent By Louis M. Solomon In re Checking Account Overdraft Litigation... Read More