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Arbitration clauses, prejudicial delays, and one justice’s contract-law “nightmare”

SCOTUSBlog

Share The current Supreme Court is undoubtedly pro-arbitration – but after Monday’s oral argument in Morgan v. At the same time, the justices seemed to differ over why that was, and what standard the court should adopt for future cases. The district court decided that by delaying, Sundance waived its right to demand arbitration.

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Panama Supreme Court rules 20-year concession for Canada copper mine unconstitutional

JURIST

Panama’s Supreme Court unanimously held Tuesday that the 20-year concession for the Canadian Cobre Panamá copper mine was unconstitutional. Law 406 replaced Law 9 of February 26, 1997, which had previously governed Panama’s interactions with mining companies operating at Cobre Panamá. billion to build.

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Supreme Court grants certiorari in arbitration clause case

JURIST

The Supreme Court granted certiorari in Morgan, Robyn v. The case concerns arbitration clause waivers in contract disputes. According to the contract between Morgan and Sundance, Sundance could have compelled arbitration. When considering the case, the Eighth Circuit Court of Appeals cited its ruling in Messina v.

Contract 195
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Federal appeals court upholds pro-worker California law limiting arbitration

JURIST

The US Court of Appeals for the Ninth Circuit held Wednesday that workers in California will not be forced into arbitration as a condition of employment. The judge found that the law was preempted by the Federal Arbitration Act (FAA). The appeals court lifted the preliminary injunction in a 2-1 decision on Wednesday.

Laws 215
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Choice of law in commercial contracts and regulatory competition: new steps to be made by the EU?

Conflict of Laws

The recently published study titled ‘European Commercial Contract Law’, authored by Andrea Bertolini, addresses the theme of regulatory competition. It offers new policy recommendations to improve EU legal systems’ chances of being chosen as the law governing commercial contracts.

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Federal appeals court rules Seneca Nation owes New York State years of casino revenue sharing payments

JURIST

The US Court of Appeals for the Second Circuit ruled Monday that the Seneca Nation is required to pay hundreds of millions of dollars of outstanding casino revenue sharing payments to New York State, following an appeal from arbitration that saw disagreement over the timeframes qualified for revenue sharing.

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Who is bound by Choice of Court Agreements in Bills of Lading?

Conflict of Laws

According to the doctrine of privity of contract, only parties to a choice of court agreement are subject to the rights and obligations arising from it. A choice of court agreement in a bill of lading which is agreed by the carrier and shipper and transferred to a consignee, or third-party holder is a ubiquitous example.

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