A growing number of cases in which private parties are seeking enforcement of very large arbitration awards are percolating through the U.S. courts. These awards emanate both from tribunals seated in the United States (where...more
Recent U.S. court decisions demonstrate that international arbitration remains a widely used and potentially attractive method for resolving international business disputes, largely due to the relative ease of enforcing...more
US Supreme Court Issues Trio of Arbitration Decisions -
During its 2018-19 term, the U.S. Supreme Court issued decisions in three cases involving arbitration matters. These decisions, discussed further in our September 26,...more
10/29/2019
/ 28 U.S.C. § 1782 ,
Arbitrators ,
Class Arbitration ,
Commercial Electronic Messages ,
Cross-Border Transactions ,
Cuba ,
Discovery ,
Dispute Resolution ,
Electronically Stored Information ,
Exceptions ,
Expropriation ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
Foreign Tribunals ,
FRCP 37(e) ,
Helms-Burton Act ,
Henry Schein Inc v Archer and White Sales Inc ,
International Arbitration ,
International Litigation ,
Lamps Plus Inc v Varela ,
Latin America ,
New Prime v Oliveira ,
Private Right of Action ,
Question of Arbitrability ,
Request for Production ,
SCOTUS ,
Text Messages ,
Treble Damages ,
U.S. Foreign Claims Settlement Commission (FCSC) ,
Venezuela
The U.S. Supreme Court’s 2018 term was a busy one for arbitration, with the Court issuing rulings in three cases addressing questions of the reach and interpretation of the Federal Arbitration Act (FAA). The Court has already...more
9/27/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Employment Contract ,
Exceptions ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Henry Schein Inc v Archer and White Sales Inc ,
Judicial Review ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
New Prime v Oliveira ,
Post-Judgment Enforcement Actions ,
Question of Arbitrability ,
SCOTUS
A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more
10/13/2016
/ Arbitration Awards ,
Arbitrators ,
Argentina ,
Bilateral Investment Treaties ,
Conflicts of Interest ,
Corporate Counsel ,
Evidence ,
Federal Arbitration Act ,
Impartiality ,
International Arbitration ,
Investors ,
Motion to Vacate ,
Standard of Review ,
UK ,
UNCITRAL ,
Young Lawyers
As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more