George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal and Catherine A. Rogers | May 11, 2018 | International Commercial and Investor-State Arbitration
On May 21, ALI membership will be presented with Tentative Draft No. 6 of the Restatement of the Law, The U.S. Law of International Commercial and Investment Arbitration. This draft includes Chapter 3, which addresses the roles that courts might play during the...
John Fellas | April 12, 2018 | International Commercial and Investor-State Arbitration
In the course of its decision in GBF Industria de Gusa S/A v. AMCI Holdings, 850 F.3d 58 (2d Cir. 2017), cert. den., 138 S.Ct. 557 (2017), the U.S. Court of Appeals for the Second Circuit referred to the “confusion” that sometimes accompanies applications to U.S....
George A. Bermann and Christopher R. Drahozal | April 6, 2018 | International Commercial and Investor-State Arbitration
U.S. Law of International Commercial and Investment Arbitration Reporter George A. Bermann and Associate Reporter Christopher R. Drahozal discuss the role courts may play throughout the lifecycle of arbitral proceedings in the video below. Project Feature:...
Michael P. Daly and Ashley M. Super | September 26, 2017 | Consumer Contracts
The Ninth Circuit recently affirmed an order compelling individual arbitration of deceptive pricing claims in a putative class action against Amazon. See Wiseley v. Amazon.com, Inc., No. 15-56799 (9th Cir. Sept. 19, 2017). The decision is notable because it rejects a...
Michael P. Daly | August 25, 2017 | Consumer Contracts
Last year, the Southern District of New York refused to enforce Uber’s Terms of Service because it believed that the agreement’s placement was inconspicuous and the consumer’s acceptance was ambiguous. Last week, the Second Circuit vacated that order and found that...
