Mexico is experiencing one of the most significant institutional transformations in its modern legal history. The judicial reform approved in 2024 fundamentally changes the composition of the federal judiciary by introducing the popular election of judges, magistrates, and Supreme Court justices. While supporters argue that the reform will increase democratic accountability, many participants in the business community have expressed concerns about its potential impact on judicial independence, …
arbitration clauses
The Venezuela Dispute Resolution Conundrum
In “The Venezuela Dispute Resolution Conundrum,” Marc J. Goldstein examines the complex legal and political risks facing energy and mining companies considering new investments in Venezuela. He focuses on OFAC’s June 2026 General Licenses, which require contracts to be governed by the laws of a U.S. jurisdiction and related dispute resolution proceedings to occur in the United States, United Kingdom, France, or Singapore. The commentary explores how political instability, future governmental …
Arbitrating the Mediated Term Sheet
By Renee Gerstman Congratulations! The mediation was successful and the parties executed a term sheetsetting forth the substantive terms to be included in a formal definitive agreement. The parties,intending the term sheet to be binding despite lack of executed final settlement documents,1include a sentence providing that the mediator will resolve any disputes regarding the mediatedterm sheet. In the process of finalizing the settlement agreement a dispute arises, and the mediator isasked …
SCOTUS Holds That When Parties Enter into Multiple Contracts Containing Conflicting Dispute Resolution Provisions, A Court, Not an Arbitrator, Must Decide Which Contract Governs
In Coinbase v. Suski, 610 U.S. __ (May 23, 2024) (“Coinbase”), SCOTUS resolved a very narrow legal question based upon a highly specific factual scenario. The parties entered into two contracts. The earlier contract contained an arbitration clause specifically delegating issues of arbitrability to an arbitrator. The subsequent contract contained a forum selection clause requiring litigation of disputes in the California courts. The case called upon SCOTUS to decide whether an arbitrator or a …
The Floodgates Have Opened: Mass Arbitrations
A series of U.S. Supreme Court decisions have all but eliminated class arbitrations for consumers, employees, franchisees, and others with common claims against a single company. The latest, decisive blow came in Lamps Plus, Inc. v. Varela, 587 U.S. __, 203 L. Ed. 2d 636 (2019), with the Court holding that arbitration on a classwide basis could not be compelled based on an arbitration agreement’s ambiguous language. Most arbitration agreements include a waiver of class arbitrations; …
