In Fujitsu Semiconductor Ltd. v. Cypress Semiconductor Corp., No. 22-mc-80313-VKD, 2023 U.S. Dist. LEXIS 97717 (N.D. Cal. June 5, 2023), the court ruled that arbitration was proper for the parties. The court found that the parties’ arbitration clause clearly delegated power to the arbitrators to decide on the question of arbitrability, and thus, it was…
Two recent judgments, one from the United States (US) District Court for the Eastern District of Louisiana (“Louisiana Court”) and another from the Singapore High Court (“Singapore Court”), have highlighted the difficulties that Decree No. 34/2021(Concerning the Dubai International Arbitration Centre) (“Decree No. 34/2021”) may cause to the enforceability of DIFC-LCIA arbitration clauses in arbitrations…
This article addresses the Brazilian Superior Court of Justice (STJ) ‘s precedents on the exceptions to the Competence-Competence principle due to pathological arbitration agreements present in contracts of adhesion. In addition, it approaches the Court’s position on the enforcement of a pathological (empty) arbitration clause. The decisions below are landmark precedents and clarify crucial points…
