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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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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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Review of: PP Penasthika, Unravelling Choice of Law in International Commercial Contracts: Indonesia as an Illustrative Case Study (The Hague: Eleven Publishers 2022)

Conflict of Laws

Very recently, Indonesian private international law has attracted significant scholarship in the English language. [1] 1] Dr Penasthika’s monograph (‘the monograph’) [2] is one such work that deserves attention for its compelling and comprehensive account of choice of law in international commercial contracts in Indonesia.

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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. Concerning tort law, Bizer is generally critical of the existing legal framework under Art.

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

Conflict of Laws

In a contract or after the dispute has arisen, the parties can agree on the jurisdiction of the Commercial Court as a special court of first instance in cases with a value of EUR 500,000.– or more, provided that a specific area of law is involved (B2B cases, M&A cases and cases of D&O liability).

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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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