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METAL VM J.S. V. JANINA (ARB/01/11) – AWARD

05/06/2017 by International Arbitration

The arbitration award in Metal VM J.S. v. Janina was the first award to be rendered by the Arbitration Court of the Kosovo Chamber of Commerce. This arbitration concerned a dispute arising out of a sales contract signed in 2009 between Metal VM (a Serbian corporation) and Janina (a Kosovo corporation) regarding electric boilers to […]

Filed Under: Arbitration Award, Arbitration Cost, Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, International Arbitration Law, Kosovo Arbitration, Serbia Arbitration

MEDITERRANEAN ENTERPRISE V. SSANGYONG CORP.: The Interpretation of the Words “Arising Hereunder” in an Arbitration Agreement US Court of Appeals for the 9th CIRCUIT (1983)

05/06/2017 by International Arbitration

MEDITERRANEAN ENTERPRISE V. SSANGYONG CORP.

Mediterranean Enterprises, Inc. v. Ssangyong Construction Co. concerns the interpretation of the words “arising hereunder” in an arbitration agreement. By way of background, the parties to the proceeding signed a “Preliminary agreement on Formation of a Joint Venture” in 1978. The agreement contained an Arbitration Clause, stating that “any disputes arising hereunder or following the […]

Filed Under: Arbitration Agreement, Arbitration Information, Court of Arbitration, Korea Arbitration, United States Arbitration

CARD V. STRATTON OAKMONT, INC.: Arbitration and the Rules of Evidence U.S District Court of Minnesota (1996)

05/06/2017 by International Arbitration

Arbitration Rules of Evidence

Card v. Stratton Oakmont concerns a motion to vacate an arbitration award brought, inter alia, on the ground that the arbitral tribunal had disregarded the rules of evidence. In September 1994, Claimant had filed for arbitration pursuant to the rules of the National Association of Securities Dealers Act (NASD) against Stratton Oakmont, claiming common law […]

Filed Under: Arbitration Procedure, Arbitration Rules, International Arbitration Law, United States Arbitration

McCreary Tire & Rubber Co. v. CEAT S.p.A. v. Mellon Bank NA (Garnishee) United States Court of Appeals for the Third Circuit (1974)

05/06/2017 by International Arbitration

Stay a Lawsuit Pending Arbitration

This case relates to an attachment and a motion to stay a lawsuit pending arbitration. The facts are as follows: Plaintiff sued CEAT for breach of the distributorship contract. In addition, Plaintiff sued Mellon Bank. Plaintiff had previously filed a suit against CEAT before the District Court of Massachusetts, where the court ordered arbitration, according […]

Filed Under: Arbitration Jurisdiction, Arbitration Rules, Court of Arbitration, International Arbitration Law, United States Arbitration

Stay of Judicial Proceedings Pending Arbitration: Rogers, Burgun, Shahine and Deschler, Inc. v. Dongsan Construction Co. ltd. US District Court for the Southern District of New York (1984)

05/06/2017 by International Arbitration

In this case, Dongsan (Claimant) subcontracted RBSD (Respondent) services for developing part of the design of a hospital in Saudi Arabia. The Claimant agreed to pay 20% of the 2,5 million dollar fee in advance of Respondent’s performance. Respondent provided Claimant a Letter of Guarantee to secure the full amount of the advancement payment. The […]

Filed Under: Arbitration Jurisdiction, Arbitration Procedure, Arbitration Rules, Court of Arbitration, ICC Arbitration, International Arbitration Law, New York Convention, Saudi Arabia Arbitration

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