For midsized companies engaged in cross-border trade—whether selling overseas or purchasing from foreign suppliers—the ability to enforce contracts is critical. After all, if a contract cannot be enforced, it’s not worth the...more
A recent federal court decision underscores a critical point for parties seeking to enforce foreign judgments in the U.S.: recognition of a foreign judgment does not require personal jurisdiction over the defendant....more
The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate that impact interstate commerce. The FAA and its body of case law are binding on state courts and many states have adopted similar...more
6/19/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Federal Arbitration Act ,
Legal History ,
Mattel ,
Motion To Stay ,
SCOTUS ,
Smith v Spizzirri ,
Stays ,
Subject Matter Jurisdiction
The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more
7/5/2023
/ Arbitration ,
Arbitration Awards ,
Asset Freeze ,
Criminal Conspiracy ,
Enforcement of Foreign Judgments ,
Foreign Arbitral Awards ,
Foreign Corporations ,
Foreign Investment ,
International Arbitration ,
Misappropriation ,
Post-Judgment Enforcement Actions ,
Racketeering ,
RICO ,
SCOTUS ,
Yegiazaryan v Smagin
If you win an arbitration and want to enforce the award, you must first go to court and seek a judgment recognizing and enforcing the award against the losing party. At the same time, however, the losing party can likewise go...more
People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing number of court decisions suggest that this presumption may be unwarranted....more