Recently, European countries are withdrawing from the Energy Charter Treaty (“ECT”) raising environmental concerns as a reason. Italy withdrew in 2016, while France and Slovenia have declared their official withdrawal. In addition, the Netherlands, Spain, and Poland are preparing for the exit as well, and last...
Recently, the United States District Court for the Eastern District of New York issued a ruling which prohibited the use of 28 U.S.C. §1782 discovery in connection with an International Centre for Settlement of Investment Disputes (“ICSID”) arbitration. In re Alpene, Ltd, 21 MC 2547...
In an effort to pressure Europe to end its extensive financial sanctions, Russia has been progressively cutting natural gas. On Monday, explosions were detected near the coast of Denmark that have effectively eliminated any chance natural gas will flow through the Nord Stream 1 and...
In August 2019, the Church of Scientology (“Church”) was sued in California, where it was alleged to have engaged in a campaign of harassment and intimidation against some of its former members. The allegations of harassment and intimidation stem from reported sexual assault allegations against...
On June 15, 2022, in the closely watched decision of Viking River Cruises, Inc. v. Moriana, the U.S. Supreme Court upheld the enforcement of an arbitration agreement that waived an employee’s right to bring individual claims through a state law, California’s Private Attorneys General Act...
In a follow up to last month’s newsletter, this week the NFL lost its bid to have former Las Vegas Raiders coach John Gruden’, lawsuit moved to arbitration. In particular, a Nevada Clark County District Court Judge denied the NFL’s motion to dismiss Mr. Gruden’s...
The NFL has utilized arbitration provisions for years in an attempt to keep its dirt under the proverbial rug. Numerous claims made by former employees, management, and players of NFL teams, that if adjudicated in the public eye, could have caused great harm to the...
With the sudden worldwide sanction regime imposed against Russia due to its war on Ukraine, coupled with the immediate cessation of Ukraine’s economy from the attack, arbitration could play a major role in contract disputes in numerous industries around the world.Russia is currently one of...
The Court of Arbitration for Sport (“CAS”) issued a decision on February 14, 2022, allowing 15-year-old, Russian figure skater, Kamila Valieva (“Valieva”) to compete in the 2022 Winter Olympics. Valieva tested positive for a banned substance used in heart medication in a sample taken on...
The United States Supreme Court is set to take up a controversial issue to start the New Year – emergency federal regulations issued by the Biden administration requiring private employers to mandate vaccinations. Two edicts will be addressed. The first, was a rule issued by the...