Life sciences globalization fuels new developments in international arbitration
In Badgett v. G’Sell, a client retained a financial advisor to manage her account. No. 01-22-00587-CV, 2024 Tex. App. LEXIS 8185 (Tex. App.—Houston [1st Dist.] November 26, 2024, no pet.)....more
On 10 July 2025, the European Court of Human Rights (ECtHR) delivered its final ruling in the case of Semenya v. Switzerland1 . The ECtHR, sitting as Grand Chamber, found that Switzerland violated its procedural obligations...more
Many readers will be familiar with the Spanish renewables saga which centers on changes made by Spain to a renewable energy support scheme in 2007, which led to over 50 investment treaty arbitrations, including a number...more
On June 5, 2025, the US Supreme Court held, in a unanimous decision, that civil litigants in US courts seeking to enforce an arbitration award against foreign nations or instrumentalities do not need to meet a higher standard...more
The Fifth Circuit and the Federal District Court of Connecticut have issued conflicting decisions on whether service providers may sue to enforce arbitration awards under the No Surprises Rules in the Consolidated...more
The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more
In an important decision this year (I ZB 48/24), the German Federal Court of Justice confirmed that parties can agree to exclude the application of German law on general terms and conditions in their arbitration agreements...more
The Second Circuit Court of Appeals has rejected a challenge to a confirmation of an arbitration award upholding the nonrenewal of a master franchise agreement for Subway restaurants....more
In a recently issued opinion, the Fifth Circuit has added yet another chapter to the growing debate over whether providers may seek judicial enforcement of Independent Dispute Resolution (“IDR”) awards issued under the No...more
The Supreme Court recently confirmed in a unanimous decision the requirements for personal jurisdiction over foreign states when parties seek to confirm international arbitration awards, but important questions remain. In...more
In Preferred Wireless LLC v. T-Mobile USA Inc., the U.S. District Court for the Southern District of Ohio addressed a motion by defendant T-Mobile to confirm an arbitrator’s award of attorneys’ fees and costs, and also...more
The case involved a dispute between a medical device manufacturer and a purchaser. The petitioner, Northgate Technologies Inc., alleged that United States Endoscopy Group Inc. breached a requirements contract by purchasing...more
In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an...more
On Thursday, June 12, 2025, a panel of the United States Court of Appeals for the Fifth Circuit issued two rulings construing parts of the No Surprises Act (NSA) to limit judicial review of arbitration awards issued under the...more
Congress enacted the No Surprises Act (NSA) to protect patients from unexpected medical bills. A central pillar of the NSA is its independent dispute resolution (IDR) process, under which payers and providers can submit...more
On June 5, 2025, the U.S. Supreme Court unanimously reversed a Ninth Circuit Court of Appeals decision requiring a plaintiff seeking to confirm an arbitration award against a foreign state to prove minimum contacts with the...more
On June 12, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion in the case involving Guardian Flight, LLC and Med-Trans Corporation, two air ambulance providers, against the defendant insurance...more
This publication is issued by K&L Gates Straits Law LLC, a Singapore law firm with full Singapore law and representation capacity, and to whom any Singapore law queries should be addressed. K&L Gates Straits Law is the...more
On June 5, 2025, the U.S. Supreme Court held in a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. that the Foreign Sovereign Immunities Act (FSIA) does not require plaintiffs to show that a foreign state...more
The U.S. Court of Appeals for the Fifth Circuit in United States Trinity Energy Services., L.L.C. v. Southeast Directional Drilling, L.L.C., 135 F.4th 303 (5th Cir. 2025) ruled that "manifest disregard of the law" is not a...more
The U.S. District Court for the District of Connecticut has become the latest court to weigh in on whether Independent Dispute Resolution (“IDR”) awards issued under the No Surprises Act (“NSA”) are enforceable. In a recent...more
Introduction - In a recent decision, the Dubai Court of Appeal (Court of Appeal) in Case No. 8 of 2025 (issued on 28 April 2025) annulled an interim award, issued by an arbitral tribunal in an ongoing International Chamber of...more
On June 5, 2025, the U.S. Supreme Court in CC/Devas (Mauritius) Ltd., et al. v. Antrix Corp., et al., No. 23-1201 held that personal jurisdiction exists over a foreign entity under the Foreign Sovereign Immunities Act (FSIA)...more
On June 5, 2025, in a unanimous decision authored by Justice Alito, the United States Supreme Court held that the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. §§1330, 1602 et seq., does not require a plaintiff...more
The Second Circuit Court of Appeals has affirmed the dismissal of a challenge to a FINRA arbitration award after concluding that federal courts lacked jurisdiction over the matter....more