On February 18, the Florida Supreme Court ruled that a warrantor of a consumer product is not required to disclose a binding arbitration agreement as part of the warranty-related items that must be disclosed “in a single document.” In reaching its decision that the Federal Trade Commission’s “single document rule” does not require the disclosure of binding arbitration, the court resolved a conflict that had existed under Florida law since 2008 and departed from Eleventh Circuit authority.
Read moreManaging costs in international arbitration: Covid-19 and economic choices for businesses
When the coronavirus pandemic heralded the globe in 2020, little was predictable, let alone known, in terms of the paralysis and crises it would cause, given the unquantifiable damage and its impact on global socio-economic livelihood. The scale of the outbreak is unprecedented and quite extraordinary. One stark reality of COVID-19 is that many commercial disputes are bound inevitably to result in court or arbitration proceedings due to the adverse impact of the pandemic.
Read moreArbitration is Alive and Well
New Jersey business owners may be reluctant to introduce arbitration programs for their employees because of a state law enacted in 2019 that prohibits agreements that prevent litigation of workplace disputes in court by directing them into arbitration. Fortunately, the likelihood is that in most instances, New Jersey’s law is not enforceable and an employer that wants to steer employee disputes to arbitration, rather than court, can do so.
Read moreIf You Seek To Limit The Authority Of Your Arbitrators, Your Arbitration Clause Must Be Clear
In 2020, the Fifth Circuit Court of Appeals issued its decision in Soaring Wind Energy LLC (SWE) v. CATIS USA Inc., et al. In that case, the various members of a limited liability company (LLC) entered into an agreement to provide worldwide marketing of wind energy equipment and services. The agreement contained an arbitration clause that required all disputes between the parties to be arbitrated. The arbitration clause contained the following language.
Read moreWhy Arbitrate International IP Disputes?
International arbitration provides an appealing alternative to adjudication in national courts for many international and cross-border intellectual property (IP) disputes. Fundamentally grounded in party autonomy, arbitration enables parties from diverse jurisdictions and legal traditions to agree on, and resort to, efficient and specialised dispute resolution mechanisms tailored to their specific needs. Such customisation particularly complements common features of international IP disputes.
Read moreAre foreign arbitration clauses in an online contract enforceable?
Entering into international contracts online is now a commercial fact of life. These contracts can be simple, such as the purchase of a pair of jeans by a consumer, or more complex service agreements between sophisticated legal entities. In both cases, it is customary now to ‘tick’ or ‘click’ a box to accept a set of terms and conditions, which may become binding whether or not they have in fact been read. These terms and conditions may also include a clause referring disputes to binding arbitration in a foreign country.
Read moreNH among states considering pandemic business immunity
CONCORD, N.H. (AP) — The New Hampshire Senate is considering legislation to shield businesses from coronavirus-related lawsuits though none have been filed since the pandemic began.
Sen. Bob Giuda, R-Warren, sponsored the bill on behalf of the Business and Industry Association of New Hampshire. David Creer, the association’s director of public policy, told the Senate Commerce Committee the issue is a top priority among the group’s members, who can’t afford to fight a frivolous lawsuit.
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