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Arbitration clauses, prejudicial delays, and one justice’s contract-law “nightmare”

SCOTUSBlog

Before the Supreme Court, Morgan is arguing that courts cannot adopt special, arbitration-specific waiver standards: If state law normally does not require a showing of prejudice to establish waiver of a contractual right — and she argues Iowa law does not — courts also should not require prejudice before finding waiver in the arbitration context.

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Choice of law in commercial contracts and regulatory competition: new steps to be made by the EU?

Conflict of Laws

The recently published study titled ‘European Commercial Contract Law’, authored by Andrea Bertolini, addresses the theme of regulatory competition. It offers new policy recommendations to improve EU legal systems’ chances of being chosen as the law governing commercial contracts. on page 42).

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Is turnabout fair play under the Federal Arbitration Act?

SCOTUSBlog

The third factor was the main source of disagreement between the district and appellate courts; whether it was proper for the courts to take this factor into account at all is the main issue before the Supreme Court. It draws this definition of “default” in part from Black’s Law Dictionary, as well as by analogizing to other contexts.

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Post-Default Creditor’s Right to Assign, License and Enforce Patent does not Disturb Patentee’s Separate Right to Sue Infringers

Patently O

In 2011, OnAsset granted a security interest in the ‘247 patent to Main Street Capital Corporation (“Main Street”) as part of a loan agreement. The opinion by Judge Prost rejected Zebra’s argument that Main Street had the exclusive ability to license the ‘247 patent upon OnAsset’s default.

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Out Now: Bizer on Violations of Personality Rights on Social Media

Conflict of Laws

As far as questions of contract law are concerned, Bizer rightly puts an emphasis on the fact that social media platforms often involve a triangle (or pyramid) of contractual relationships between the hosts and at least two users. 4(3) Rome I.

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Legal Issues in Oceanic Transport of Carbon Dioxide for Sequestration: Sabin Center Launches New Report

ClimateChange-ClimateLaw

Main Contributions of the Report The report, which is the first to comprehensively study international transport of carbon dioxide, makes several original contributions. Chapter 7 concludes with a study about the main legal issues involving admiralty and maritime jurisdiction.

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Praxis des Internationalen Privat- und Verfahrensrechts (IPRax) 5/2024: Abstracts

Conflict of Laws

Hoffmann: New developments regarding the relationship between main and secondary insolvency proceedings in European insolvency law? The ECJ had to answer fundamental questions concerning the relationship between main and secondary proceedings under the European Insolvency Regulation.

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