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Defendants considering whether to seek dismissal of a complaint or to compel arbitration have to consider when failing to compel arbitration waves their right to arbitration. Since the Supreme Court’s 2022 decision in Morgan v. Sundance, Inc., 596 U.S. 411, defendants litigating in the Second Circuit face an additional challenge, namely, the differing arbitration waiver rules district courts are applying.

The EU Deforestation Regulation (EUDR) imposes strict conditions on operators and traders who intend to place products composed of certain commodities (i.e. cattle, cocoa, coffee, palm oil, rubber, soy and wood) on the EU market. They need to prove that these products do not originate from plot of lands that have been recently deforested or that these products have not contributed to forest degradation. In turn, this requirement obliges operators and traders to conduct very precise supply chain due diligence and to file due diligence statements. The same applies to exports from the EU. The EUDR has been designed and enacted to limit the EU market’s impact on global deforestation and to reduce the EU’s contribution to greenhouse gases. In recent months, the Commission has been under pressure to postpone the application of the EUDR.