As trade tensions rise, retaliatory tariffs are disrupting global supply chains—particularly in the automotive industry and other manufacturing sectors. These unexpected costs are sparking disputes over who should bear the...more
4/4/2025
/ Arbitration Agreements ,
Automotive Industry ,
Breach of Contract ,
Contract Disputes ,
Dispute Resolution ,
International Arbitration ,
International Trade ,
Retaliatory Tariffs ,
Supply Chain ,
Tariffs ,
US Trade Policies
Arbitration agreements often seem straightforward—until they unexpectedly bind parties who never signed them. The United States Court of Appeals for the Eleventh Circuit’s recent decision in Various Insurers v. General...more
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
International automotive supply chains often involve tight just-in-time deadlines, so resolving disputes quickly and efficiently is critical. When arbitration is the designated resolution method, the arbitrator’s...more
3/5/2025
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Automotive Industry ,
Contract Terms ,
Dispute Resolution ,
International Arbitration ,
International Trade ,
Manufacturers ,
Risk Management ,
Supply Chain
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
Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Commercial Arbitration ,
Corporate Counsel ,
Discovery ,
Federal Arbitration Act ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
SCOTUS
Can a non-signatory to an arbitration agreement compel international arbitration under the doctrine of equitable estoppel? Last year, in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 140 S. Ct. 1637...more
In an important development for businesses engaged in cross-border transactions, the International Chamber of Commerce has amended its arbitration rules effective January 1, 2021. The amendments are designed to increase the...more
Parties involved in litigation outside the United States have long had at their disposal a useful tool for obtaining American-style discovery in the U.S. 18 U.S.C. § 1782(a) of the United States Code authorizes a United...more