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Thoughts on the Bill on Arbitration of Sexual Assault and Harassment Claims
In February, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The new law amends the Federal Arbitration Act to forbid employers from requiring employees to agree to arbitrate sexual assault or sexual harassment claims under federal, state, or tribal law. I wanted to comment on the bill generally,……
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Case of the Day: Hulley Enterprises v. Russian Federation
The case of the day is Hulley Enterprises, Ltd. v. Russian Federation (D.D.C. 2022). It involves the $50 billion arbitral award that shareholders in Yukos Oil Co. obtained against Russia in 2014 after alleging, in an arbitration in the Netherlands, that Russia had violated the Energy Charter Treaty by measures intended to “bankrupt Yukos, appropriate……
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Case of the Day: Ganpat v. Eastern Pacific Shipping
The case of the day is Ganpat v. Eastern Pacific Shipping Pte. Ltd. (E.D. La. 2022). I love this case. Kholkar Ganpat, an Indian national, was a seaman on the M/V Stargate, a ship operated by Eastern Pacific Singapore, a Singapore company. The vessel had traveled from Savannah, Georgia to Gabon, and then to Brazil.……
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Case of the Day: Sinox Co. v. Yifeng Manufacturing Co.
The case of the day is Sinox Co. v. Yifeng Manufacturing Co. (W.D. Tex. 2022). In light of my recent post on service by electronic means at the Transnational Litigation Blog, which dealt with prospects for addressing the tension between the Service Convention and current practice in the US courts, I thought I would use……
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Case of the Day: CDM Smith v. Atasi
The case of the day is CDM Smith, Inc. v. Atasi (D. Mass. 2022). CDM is a Massachusetts engineering and construction firm. Khalil Atasi was a senior vice president who managed the company’s operations in Saudi Arabia. Although he was an employee at will, in order to obtain permission to work in Saudi Arabia, he……