Former CBS Corp. CEO Leslie Moonves has told the company that he has demanded "binding arbitration" following the board's determination that he was fired "for cause" and not entitled to receive a severance payment valued at $120 million, according to a filing with the SEC published Thursday morning. Moonves' employment was terminated on September 9, 2018 following multiple allegations of sexual misconduct. The CBS board had hired two outside law firms to investigate. On December 17, the board released a statement that said Moonves had breached his employment contract and would not receive severance. Under Moonves' separation agreement, he had 30 days following the board's decision to decide whether to seek arbitration. Moonves has previously denied any wrongdoing. In its December statement, the board said it made its decision following the completion of a months-long investigation into allegations of harassment and assault against Moonves and cultural issues throughout … [Read more...] about Les Moonves to fight CBS Corp. for $120 million severance in arbitration
Binding arbitration agreement
The US Supreme Court ruled Tuesday in Henry Schein Inc. v. Archer and White Sales Inc., in favor of a strict application of the Federal Arbitration Act (FAA) to a contract dispute involving a mandatory arbitration clause. Archer and White Sales Inc., a small dental supply business, entered into a contract to sell the products produced by Pelton and Crane (later acquired by Henry Schein Inc.). However, the relationship between the companies deteriorated, and Archer and White sued for antitrust violations, requesting injunctive relief and monetary damages from the federal district court of Texas. The contract between the companies contained an arbitration agreement that provided that any legal disputes between the parties would be resolved by entering into binding arbitration proceedings instead of being resolved through the court system. The agreement also provided that arbitration was not required in cases “seeking injunctive relief and disputes related to trademarks, trade … [Read more...] about Supreme Court decides arbitration case
News / UK and world by Press Association November 15, 2018, 2:05 pm FacebookTwitterLinkedInWhatsAppEmail Sign up to our Daily newsletter The 585-page draft withdrawal agreement between the UK Government and the EU sets out the proposed terms of Britain’s departure from the bloc while avoiding a sudden “cliff edge” break. These are the main provisions: Citizens’ rights The agreement protects the rights of EU citizens living in the UK and the rights of UK nationals at the end of the transition period following the UK’s withdrawal from the bloc. They provide for individuals and their family members to continue to live, work or study as they currently do, while maintaining their rights to healthcare, pensions and other social security benefits. Separation issues The agreement seeks to ensure a smooth winding down of the current arrangements between the EU and the UK. They range from police and judicial co-operation and data and … [Read more...] about The Brexit withdrawal agreement: What does it say?
Share Tweet Plus One Pin It Email Print By: Ashok Kini November 3, 2018 11:27 pm Change Font Size ‘Section 7(4) only further adds that an arbitration agreement would be found in the circumstances mentioned in the three sub-clauses that make up Section 7(4). This does not mean that in all cases an arbitration agreement needs to be signed.’ The Supreme Court has held that the only prerequisite for an arbitration agreement is that it should be in writing and it cannot be said that in all cases, an arbitration agreement needs to be signed. In Caravel Shipping Services Pvt. Ltd. Vs. Premier Sea Foods Exim Pvt. Ltd., the argument of the plaintiff was that since the Bill of Lading was not signed, it is not bound by the arbitration clause contained in that document. It was contended that Section 7(4)(a) of the Arbitration and Conciliation Act, 1996, requires an arbitration agreement to be in a document that is signed by the parties. In a suit was filed … [Read more...] about Unsigned Arbitration Agreement Not Invalid In All Cases, Holds SC [Read Judgment]
Share Tweet Plus One Pin It Email Print By: Nitish Kashyap September 24, 2018 10:09 pm Change Font Size A single bench of the Bombay High Court has referred a significant question of law to be considered by a larger bench. The question is: Whether Court can grant ad-interim relief when an arbitration agreement is unstamped or insufficiently stamped? Justice SJ Kathawalla was hearing an arbitration application filed by Gautam Landscapes against respondents Shailesh Shah and Gautam Estate under Section 9 of Arbitration and Conciliation Act seeking protective reliefs pending the final disposal of the arbitration proceedings and the enforcement and implementation of the arbitration award. Case Background The dispute arose between the respective parties under a joint venture agreement dated October 27, 2006. Apart from an application filed under Section 9, another application was filed by Gautam Landscapes under Section 11 of the said Act. When the application under … [Read more...] about If Arbitration Agreement Is Insufficiently Stamped, Can Court Grant Ad-Interim Relief? Kathawalla J Of Bombay HC Refers Question To A Larger Bench