U.S. Supreme Court holds international organizations do not have “absolute immunity” when acting as private players in the market

On February 27, 2019, the U.S. Supreme Court held that the International Organizations Immunities Act of 1945 affords international organizations the same immunity from suit that foreign governments enjoy today under the Foreign Sovereign Immunities Act of 1976. Jam et al. v. International Finance ...
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Delaware court holds that a clause indicating“an expert, not an arbitrator” calls for an expert determination, not an arbitration

On January 29, 2019, the Delaware Court of Chancery addresses the scope of authority conferred under a clause in an Agreement and Plan of Merger (“Merger Agreement”) upon an independent accountant designated “an expert, not an arbitrator.” Pursuant to the Merger Agreement, Plaintiff...
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