Life sciences globalization fuels new developments in international arbitration
Arbitration can be an attractive alternative to the courtroom for any number of reasons. But practitioners should know that arbitration is not the courtroom; parties must be prepared to accept the final award of an...more
The United States Court of Appeals for the Second Circuit recently weighed in on the proper role of American federal courts in adjudicating the validity of arbitration awards made in foreign countries. In Molecular Dynamics,...more
The American Arbitration Association (AAA) has updated its Employment Arbitration Rules, effective May 1, 2025. The changes may make AAA-administered arbitration less desirable for businesses....more
In Docs of CT LLC v. Biotek Services LLC, the Supreme Court of Georgia considered an appeal brought by Docs of CT LLC, seeking to vacate an arbitration award on the grounds that “the arbitrator exhibited partiality and...more
Background - In May 2022, we reported that the Dubai Court of Cassation, in its judgment in Case No. 109/2022 (Civil), confirmed that the United Arab Emirates (UAE) procedural law of arbitration, set forth in Federal Law No....more
It has recently been announced that an arbitral tribunal has found in favour of Venture Global, Inc. in its dispute against Shell concerning whether the ’start date’ of a long-term liquefied natural gas (LNG) sale and...more
In a precedential decision that will impact numerous recognition proceedings in the U.S., the United States Court of Appeals for the District of Columbia Circuit held that whether an arbitration agreement exists is a...more
Background - In April 2025, the Dubai Court of Appeal (Court of Appeal), in its judgment in Case No. 8 of 2025, annulled an interim award, issued by an arbitral tribunal in an ongoing International Chamber of Commerce (ICC)...more
On 1 August 2025, the Court of Justice of the European Union (CJEU) delivered its ruling in the case of Royal Football Club Seraing.1 The CJEU found that also in the context of arbitration before the Court of Arbitration for...more
In July 2025, the Fifth Circuit Court of Appeals considered enforcement of an arbitration agreement contained in an attorney representation agreement, and in Barnett v. Am. Express Nat'l Bank, the court of appeals reiterated...more
The U.S. Supreme Court recently issued a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp., No. 23-1201 (June 5, 2025), clarifying that the “minimum contacts” requirement is not necessary to establish personal...more
In Employers’ Innovative Network v. Bridgeport Benefits, No. 24-1350 (4th Cir. July 18, 2025), Employers contracted with Bridgeport, Capital Security, Inc., and a few other parties to obtain and administer employee health...more
England, and in particular, London, is one of the leading international arbitration centers and is frequently selected as a seat of arbitration. Indeed, the 2025 International Arbitration Survey conducted by White & Case and...more
Clients often ask why, in some commercial contracts, their lawyers recommend that disputes are handled through the courts but, in others, they recommend arbitration. Sometimes it comes down to a question of judgement, but...more
Les services publics, les municipalités et autres entités gouvernementales ou quasi gouvernementales font face à des défis uniques lorsqu’ils cherchent à évaluer les risques liés aux règlements de leurs différends. Ils...more
On 30 July 2025, an ICSID tribunal chaired by Bernard Hanotiau and including Klaus Sachs and Charles Poncet as co-arbitrators issued an award unanimously dismissing all claims brought by Dutch businessman Bob Meijer against...more
On 1 August 2025, the remaining substantive provisions of the Arbitration Act 2025 (the “AA 2025”) entered into force. Plenty of ink has been spilt by both lawyers and academics summarising the changes under the AA 2025....more
The substantive reforms contained within the Arbitration Act 2025, which received Royal Assent on 24 February, will come into full force on 1 August 2025. The reforms will apply to all English-seated arbitrations commenced on...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
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 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