Danielle Morris on Arbitration

Year In Review and Developments to Watch in Foreign Sovereign Litigation in U.S. Courts

In 2024, U.S. courts issued consequential decisions in cases brought against foreign states and their agencies and instrumentalities under the Foreign Sovereign Immunities Act (“FSIA”). This alert summarizes key decisions in...more

3/19/2025 / Arbitration , Enforcement Actions , Expropriation , Foreign Relations , Foreign Sovereign Immunities Act of 1976 (FSIA) , Foreign Sovereigns , International Arbitration , Jurisdiction , National Security , Popular , SCOTUS

D.C. Circuit Resolves District Court Split on the Enforcement of Intra-EU Investment-Treaty Awards in the United States

In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more

9/12/2024 / Arbitration , Arbitration Awards , Arbitrators , Corporate Counsel , EU , Foreign Sovereign Immunities Act of 1976 (FSIA) , ICSID , Investors , Jurisdiction , Personal Jurisdiction , Subject Matter Jurisdiction

Tax-related Measures in Investor-State Arbitration

The right to tax constitutes a core attribute of State sovereignty. As U.S. Supreme Court Justice Oliver Wendell Holmes Jr. said, “Taxes are the price we pay for civilization.” However, States may voluntarily limit their...more

1/26/2024 / Arbitration , Contract Disputes , Corporate Taxes , International Arbitration , Investor-State Arbitration , Renewable Energy , Tax Treaty

The U.S. Supreme Court Rules That U.S. Discovery Under 28 U.S.C. 1782 Is Unavailable For Use in Most International Arbitrations

On 13 June 2022, in ZF Automotive v. Luxshare, the U.S. Supreme Court held unanimously that 28 U.S.C. § 1782 does not allow discovery for use in most international arbitral proceedings. The Supreme Court held that only...more

6/16/2022 / 28 U.S.C. § 1782 , AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States , Arbitration , Business Disputes , Business Litigation , Commercial Arbitration , Discovery , Foreign Jurisdictions , Foreign Tribunals , International Arbitration , International Litigation , SCOTUS , UNCITRAL , ZF Automotive US Inc v Luxshare Ltd

Key Arbitration Considerations After ICSID Rule Update

On March 21, a comprehensively updated set of rules and regulations for International Centre for Settlement of Investment Disputes arbitration, conciliation and mediation proceedings was approved. The new rules and...more

4/7/2022 / Amended Rules , Arbitration , ICSID , International Arbitration

Member States Approve Amendments to ICSID Rules and Regulations

On 21 March 2022, a comprehensively updated set of rules and regulations for ICSID arbitration, conciliation, and mediation proceedings was approved. The new rules and regulations will go into effect on 1 July 2022. The...more

3/23/2022 / Amended Regulation , Arbitration , Conciliation , EU , ICSID , International Arbitration , Mediation , Member State

Will the Uncertainty Around the Availability of Section 1782 Discovery in International Arbitration Proceedings Ever Be Resolved?

What is Section 1782 and how is it used in International Arbitration? In international arbitrations, the parties’ ability to obtain documents and testimony from the opposition is often limited....more

9/20/2021 / 28 U.S.C. § 1782 , Arbitration , Commercial Arbitration , Discovery , International Arbitration , Investor-State Arbitration , Judicial Tribunal , Rules of Court

Danielle Morris

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