In industry, there are many cases in which a manufacturer must take action against the supplier of a defective part incorporated in their main product. Just think of the relatively frequent cases in the automotive industry where the manufacturer of an electric vehicle has to seek recourse from the producer of electric batteries that catch fire (“Plug-in hybrids: Volkswagen Group recalls 118,000 cars.” Autoplus – www.autoplus.fr. 04 April, 2022).
By Leslie A. Berkoff, Moritt Hock & Hamroff LLP
The US Supreme Court has granted a Petition for Writ of Certiorari in Robyn Morgan v Sundance, Inc. (No. 21-328) and will decide whether prejudice is a required element in determining whether the right to arbitrate has been waived. The Court is reviewing a decision of the Eighth Circuit wherein the Court found that the owner of 150 Taco Bell franchises had not waived its right to arbitrate the plaintiff’s claims, despite waiting almost eight months after commencing a lawsuit to move to compel arbitration.
By Ksenia Deeva, Nektorov, Saveliev & Partners
The Supreme Court of Russia issued a ruling1 that challenged all arbitration clauses concluded with Russian sanctioned companies. The main point is the following: Russian courts have the right to establish its exclusive competence due to the sanctions.
By David Truong Lang, Viettonkin Consulting
The four prevalent methods of business dispute resolution in Vietnam include negotiation, mediation, arbitration, and court; the former three commonly referred to as Alternative Dispute Resolution (ADR).
By Melina Karaolia, M. ELIADES & PARTNERS LLC
While we were planning for the LDR PG meeting to be held at the GGI Regional Conference in Limassol, we thought that the topic of the purpose and functionality of commercial courts, with a particular focus in Cyprus, would be an interesting one. At the time we were first discussing this, the Cyprus Ministry of Justice had deposited a draft bill in Parliament for the establishment of a Commercial Court that would deal with international matters, including in the English language if the parties so choose. The approval of court procedures in the English language would require constitutional amendments.
By Eric Blay and Dylan S. Fisher, Pallett Valo LLP
Canada’s first real judicial interpretation of a cyber liability policy is the decision in Family and Children’s Services of Lanark, Leeds and Grenville (FCS) v. Co-operators General Insurance Company (Cooperators), released in March 2021. In 2016 an unidentified hacker stole confidential reports from FCS, which were allegedly leaked onto Facebook, resulting in a class action against FCS for CAD 75 million in damages.