News & Analysis as of

Arbitration Awards Dispute Resolution Jurisdiction

Morgan Lewis

UK Arbitration Act 2025 to Enter Into Force on 1 August

Morgan Lewis on

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

Jenner & Block

US Supreme Court Rejects Heightened Standard for International Arbitration Award

Jenner & Block on

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

Sheppard Mullin Richter & Hampton LLP

If The Shoe Doesn’t Fit: Supreme Court Rejects “Minimum Contacts” For Personal Jurisdiction Under FSIA

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

Mayer Brown

US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration...

Mayer Brown on

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

ArentFox Schiff

Federal Courts Divided Over Private Enforcement of ‘No Surprises Act’ Arbitration Awards

ArentFox Schiff on

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

Foley & Lardner LLP

Supreme Court Rejects Minimum Contacts Requirement to Subject Foreign States to Suits in the U.S. Under FSIA

Foley & Lardner LLP on

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

King & Spalding

Supreme Court Rejects “Minimum Contacts” Analysis for Award Enforcement Under the FSIA

King & Spalding on

On June 5, 2025, the Supreme Court issued its unanimous opinion in CC/Devas (Mauritius) Ltd. et al. v. Antrix Corp. Ltd. et al. (605 U.S. ___ (2025)), holding that personal jurisdiction exists over an enforcement action...more

White & Case LLP

Experiences, Preferences And Enforcement

White & Case LLP on

An overwhelming majority (87%) of respondents continue to choose international arbitration to resolve cross-border disputes, either as a standalone mechanism (39%) or with Alternative Dispute Resolution (ADR) (48%). There has...more

Bracewell LLP

Reinforcing the Regime: Key Updates to Arbitration in England and Wales

Bracewell LLP on

The Arbitration Act 2025 (the “Act”) received Royal Assent on 24 February 2025. Its stated aim is to amend the Arbitration Act 1996, which governs arbitral claims seated in England and Wales. It marks a gentle evolution of...more

A&O Shearman

The Mumbai Centre for International Arbitration Releases New Rules

A&O Shearman on

The Mumbai Centre for International Arbitration (MCIA) has released its 2025 Arbitration Rules, introducing major updates to streamline proceedings, enhance transparency, and align with global best practices. This post...more

Hogan Lovells

Reforming French Arbitration Law: the proposal for a unified arbitration code

Hogan Lovells on

Paris has been a leading arbitration hub for decades and French Arbitration law has had a great influence in the development of international arbitration around the world. On 20 March 2025, a working group chaired by...more

Morrison & Foerster LLP

English High Court Clarifies Sovereign Immunity: Ratification of New York Convention Not a Waiver

English High Court determines that ratification of the New York Convention on the Recognition and Enforcement of Arbitral Awards does not constitute prior written agreement to waive sovereign immunity....more

Felicello Law PC

Is Arbitration Right for Your Legal Needs? Key Considerations Before Choosing Arbitration Over Litigation

Felicello Law PC on

Arbitration is often viewed as a faster, more cost-effective alternative to litigation, but is it the right choice for every dispute? Should you include an arbitration clause in every contract? While it can offer...more

White & Case LLP

English Court issues landmark decision on state immunity and enforcement

White & Case LLP on

In a landmark victory for the Republic of India, the Commercial Court has held that India did not waive its state immunity in relation to the enforcement of two bilateral investment treaty awards solely by reason of its...more

Skadden, Arps, Slate, Meagher & Flom LLP

International Arbitration Update: Global Developments and Trends To Watch

In the inaugural issue of this newsletter, we examine significant developments, court rulings and trends to watch in Africa, Asia, Europe, Latin America, the Middle East and the United States....more

Skadden, Arps, Slate, Meagher & Flom LLP

Seating an Arbitration in Hong Kong or Singapore: Considering a Decades-Old Conundrum in 2025

The arbitration infrastructure of Hong Kong and Singapore is broadly similar, built on arbitration-friendly legislation, pro-arbitration courts and a consistent reputation for neutrality in the context of arbitration. Indeed,...more

Foley Hoag LLP

Report on French Arbitration Law Reform

Foley Hoag LLP on

Key Takeaways: In March 2025, the French Ministry of Justice released the report of its Working Group on modernizing French arbitration law. This is the first major reform proposal since 2011. France is a leading seat of...more

Hogan Lovells

30 years of the International Arbitration Act: a review

Hogan Lovells on

MinLaw’s current review of the IAA signifies efforts to strengthen the competitiveness of Singapore as a hub for international arbitration. With this year marking the 30th anniversary of the Singapore International...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in France

Vinson & Elkins LLP on

When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the fourth of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Mayer Brown

Arbitration Act 2025 | Part 2: Key Improvements

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The Arbitration Act 2025 is now an official new piece of legislation having received royal assent on 24 February 2025 ("2025 Act"). The new law, which refines and modernises the previous Arbitration Act 1996 ("1996 Act"),...more

Paul Hastings LLP

The Arbitration Act 2025: Refinement Not Revolution

Paul Hastings LLP on

On 24 February 2025, the Arbitration Act 2025 (the 2025 Act) received Royal Assent. The exact date on which it will come into force is yet to be confirmed, though the U.K. government has stated that it will seek to do so as...more

Troutman Pepper Locke

The Key Reforms to Arbitration Act 2025 Set to Reinforce the UK’s Position as World Leader in Arbitration

Troutman Pepper Locke on

For commercial parties globally, England has long been heralded as a leader for dispute resolution, particularly in arbitration. To maintain its competitive position, in 2022, the Law Commission of England and Wales conducted...more

Seyfarth Shaw LLP

Key Breakthroughs in the Choice of Governing Law in Guangdong–Hong Kong–Macao Greater Bay Area

Seyfarth Shaw LLP on

On February 13th 2025, Supreme People’s Court of The People’s Republic of China (“PRC”) issued the Reply on Validity of Agreements by Hong Kong and Macao-Invested Enterprises Registered in Mainland Cities of the...more

Morgan Lewis

Modernisation by Refinement: UK Arbitration Act 2025 Receives Royal Assent

Morgan Lewis on

The long-awaited Arbitration Act 2025 received royal assent on 24 February 2025, marking the culmination of a multi-year review process led by the Law Commission of England and Wales. The act introduces changes aimed at...more

Miller Canfield

U.S. Courts Can Recognize a Foreign Judgment Even Without Personal Jurisdiction

Miller Canfield on

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

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