Arbitration analysis: On 23 August 2023, the US District Court for the District of Arizona granted a motion to compel arbitration, holding that under California law (1) a mandatory arbitration provision and a separate permissive forum selection clause were not in conflict; and (2) that the contracting parties’ equal bargaining power and legitimate commercial needs negated an argument that an arbitration provision was unconscionable. Written by David Earnest, partner, and Julian Cokic, associate, at Diamond McCarthy LLP.

Law 360: A California federal judge on 24 September 2019 declined to confirm a $17.9bn International Arbitration Centre (IAC) award against Chevron Corp (Chevron) that the oil company has criticised as a ‘sham’ ruling that the Saudi families that sought confirmation have not proven the existence of an agreement to arbitrate and that, in any case, the court lacks jurisdiction in the matter.

Arbitration analysis: After India terminated a satellite spectrum lease deal, Deutsche Telekom (DT) initiated arbitration under the Germany-India Bilateral Investment Treaty (BIT). Despite India’s contentions that the BIT’s arbitration clause did not extend to the parties’ dispute, the tribunal, along with courts in Switzerland, Germany and Singapore held in favor of DT. The US district court likewise confirmed the award, rejecting India’s claims on sovereign immunity and forum non conveniens, and India’s substantive defenses were forfeited or precluded. On appeal, the D.C. Circuit remanded the case, holding that the district court erred by refusing to consider India’s substantive defenses. The court determined that India’s claim to immunity under the Foreign Sovereign Immunities Act (FSIA) was ‘colorable’ and the legal boundary of challenges to the existence of an arbitration agreement and those concerning its scope were unclear, which is an issue currently pending before the US Supreme Court in a different petition for certiorari. Written by Gizem Alper, Independent International legal and ADR consultant.

Law360: A DC federal court partly granted two brothers'application for accrued sanctions against Romania as the food-processing business investors look to enforce a US$330m arbitral award against the country, entering a judgment of nearly US$14m.

Law360: Japanese drugmaker Daiichi Sankyo Ltd has scored nearly US$46m in fees and costs in an arbitration initiated by rival Seagen in the companies' patent dispute over cancer drug technology after the arbitrator found that the US biotech company did not file its infringement claims within the six-year statute of limitations.

Law360: Purchase agreements customarily contain provisions for resolving certain disputes by referring them to a third-party neutral decision-maker outside of litigation.

Law360: The Delaware Supreme Court decided that Eni USA Gas Marketing LLC (Eni) made an improper attempt to initiate a second arbitration after they were instructed to pay a $US 372m arbitration award in a dispute with Gulf LNG Energy LLC over an agreement involving a liquefied natural gas facility.

Law360: A New York federal judge has refused to allow Discover Financial Services to arbitrate claims that it and other credit card networks conspired to dump fraud risk on retailers, but granted a similar motion from American Express (Amex).

Law360: For more than a decade, companies have benefited immensely from the US Supreme Court's 2011 decision of AT&T Mobility LLC v Concepcion, which upheld a company's right to compel consumers into participating in individual arbitration proceedings, and largely abrogated stricter standards for determining the unconscionability of class action waivers.

The Investment Advisers Act of 1940 (Advisers Act) imposes a broad fiduciary duty on investment advisers registered with the Securities and Exchange Commission (SEC) to act in the best interests of their clients. (Note that most small to mid-size investment advisers are required to register with one or more states and are prohibited from registering as an investment adviser with the SEC.) For an outline of the duties owed by these investment advisers, reference must be made to the applicable state statutes and regulations. There are five broad types of obligations or requirements imposed on investment advisers by the SEC: • fiduciary duty of care to their clients • Advisers Act prohibitions designed to prevent fraud and other substantive regulation • books and records requirements • SEC oversight through inspection • contractual requirements Fiduciary duty Although not specifically enumerated in section 206 of the Advisers Act (the so called anti-fraud provisions of the Advisers Act), there is a general requirement that investment advisers act as a fiduciary in all dealings with their clients. The investment

Law360: A DC federal judge has issued a default judgment against Ghana for more than US$111m left unpaid on an arbitral award issued by a London tribunal over the country's breach of a power plant operating deal with a subsidiary of commodities giant Trafigura.

Law360: A federal judge on 3 April 2025 shut down the government of Laos'application to enforce some US$5m in arbitral awards against an entrepreneur who was not party to an underlying arbitration stemming from an ill-fated casino venture, saying the actual award debtors are the ones that should be targeted.