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Ninth Circuit Underscores the Need for Careful Drafting of International Arbitration Clauses | Miller Canfield

9th Circ. Says No Arbitration In Indian Incense Fight


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9th Circ. Says No Arbitration In Indian Incense Fight
Law360 (July 7, 2021, 8:22 PM EDT) The Ninth Circuit has once again denied an Indian businessman s attempt to arbitrate a family dispute over incense trademarks, ruling Wednesday that the claims have no connection with an underlying agreement containing the arbitration clause.
The circuit court concluded that a company formed by one brother called Shrinivas Sugandhalaya LLP, or SS Mumbai, could not force arbitration of the dispute with another brother and his company, Shrinivas Sugandhalaya (BNG) LLP, or SS Bangalore.
Wednesday s decision marks the third time that the Ninth Circuit has considered the case. Its first opinion denying SS Mumbai s arbitration bid was vacated by the U.S. Supreme. ....

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Ninth Circuit Withdraws Opinion That Signaled Shift in Arbitration Landscape for Non-Signatories | McDermott Will & Emery

Ninth Circuit Withdraws Opinion That Signaled Shift in Arbitration Landscape for Non-Signatories | McDermott Will & Emery
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