Federal Presumption of Arbitrability Limited to Disputes That Are Immediate, Foreseeable Results of Contractual Performance
Posted on Jul 27, 2021 in Arbitration | Comments Off on Federal Presumption of Arbitrability Limited to Disputes That Are Immediate, Foreseeable Results of Contractual Performance
After concluding that the most natural reading of an arbitration agreement did not cover the dispute in Calderon v. Sixt Rent a Car, LLC, 2021 U.S. App. LEXIS 20854 (11th Cir. July 14, 2021), the Eleventh Circuit held more broadly that the Federal Arbitration Act’s strong presumption of arbitrability applies only if “the dispute in question was an immediate, foreseeable result of the...
London or New York? Beware Inconsistent Dispute Resolution Provisions
Posted on Aug 3, 2018 in Arbitration | Comments Off on London or New York? Beware Inconsistent Dispute Resolution Provisions
Internaves de Mexico s.a. de C.V. v. Andromeda Steamship Corp., 2018 WL 3636427 (11th Cir. Aug. 1, 2018), demonstrates the perils (and costs) of inconsistency in an agreement’s dispute resolution provisions. Internaves and Andromeda were parties to a “charter party” agreement for the transportation of an electric transformer from Brazil to Mexico. The agreement, completed using a...