UK: The Arbitrability Of Just And Equitable Winding Up Petitions: Privy Council Judgment

In an important judgment, the Privy Council has addressed two key questions.

First, whether an agreement to resolve disputes arising out of a shareholders’ agreement by arbitration may prevent a party to that agreement from pursuing a petition to wind up the company whose management is the focus of those disputes.
Second, whether an application to the Grand Court of the Cayman Islands to wind up that company on the just and equitable ground […]

By | November 7th, 2023 ||

Canada: Enforcing Arbitration Agreements: Ontario Superior Court Raises A ‘Clause’ For Concern

When the Court of Appeal for Ontario held in Heller v Uber Technologies Inc. that arbitration clauses are invalid if they purport to contract out of entitlements required by the Employment Standards Act, 2000 (“ESA”) – a decision upheld by the Supreme Court of Canada – Ontario employers were left concerned about the enforceability of existing arbitration clauses. In Nohdomi v. Callidus Capital Corporation1, the Ontario Superior Court has provided further guidance on the interpretation of arbitration clauses in employment agreements and […]

By | November 6th, 2023 ||

United States: SCOTUS To Decide Whether Coinbase Sweepstakes Matter Goes To Arbitration

On November 3, 2023, the United States Supreme Court granted a writ for certiorari in Coinbase Inc. v. Suski. Before the Court is the issue of whether silence as to arbitration in Coinbase’s Sweepstakes Contest Rules affects the arbitration clause contained in its User Agreement. In general, companies prefer to arbitrate consumer complaints because it is quicker and more cost-efficient than litigation. Coinbase is hoping that the Supreme Court rules that an arbitrator, and not a court […]

By | November 4th, 2023 ||