This edition offers insights regarding COVID-19 ’s impact on mergers and acquisitions and on construction projects, recent changes to International Chamber of Commerce rules, and developments relating to discovery in aid of...more
3/2/2021
/ 28 U.S.C. § 1782 ,
Acquisitions ,
Bilateral Investment Treaties ,
Construction Project ,
Corporate Counsel ,
Discovery ,
Dispute Resolution ,
Foreign Arbitral Awards ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Construction Projects ,
Latin America ,
Material Adverse Change Clauses (MACs) ,
Mergers ,
UNCITRAL
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