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Arbitration Arbitration Awards

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Wiley Rein LLP

When Labels Don’t Matter: No Coverage for Restitutionary Arbitration Award

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The Ninth Circuit, applying California law, has held that there is no coverage under a D&O policy for an arbitration award comprised of funds previously loaned to the insured by the claimant because the award constituted...more

Harris Beach Murtha PLLC

Second Circuit Limits Jurisdiction to Review Challenges to Arbitration Awards

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

BakerHostetler

AAA or Stay Away? Changes to the American Arbitration Association’s Employment Rules May Disadvantage Employers

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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

Carlton Fields

Georgia Supreme Court Affirms Arbitration Award, Holds Ex Parte Communications With Arbitrator Did Not Prejudice Affected Party

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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

K&L Gates LLP

The UAE Confirms There Is No Requirement to Sign Every Page of the Arbitral Award

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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

Bracewell LLP

Shell v Venture Global: Commissioning a Dispute

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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

Phelps Dunbar

What’s in a Contract?

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The U.S. Eighth Circuit Court of Appeals recently reversed a Minnesota federal district court and vacated an arbitration award based upon the arbitrators “exceeding” their “authority.” Although this is a business arbitration,...more

K&L Gates LLP

The Dubai Court of Cassation Confirms the Power of Arbitral Tribunals to Issue Anti-Suit Injunctions

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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

White & Case LLP

Payback for Kickbacks: The UK Position on Compensation of Victim States in Multinational Bribery Cases

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A recent paper from the Basel Institute has brought renewed attention onto the issue of the compensation of victim states in cross-border bribery cases. International arbitration may provide a quicker and more certain route...more

White & Case LLP

Court of Justice of the European Union delivers ruling in Royal Football Club Seraing (C-600/23)

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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

Haynes Boone

Arbitration in the Fifth – July 2025

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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

Husch Blackwell LLP

Fourth Circuit Clarifies Standards for Enforcing Foreign Arbitral Awards

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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

JAMS

The Changes to the English Arbitration Regime: What Parties to International Construction Disputes Need to Know

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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

IR Global

When (and why) arbitration might be the better option

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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

Blake, Cassels & Graydon LLP

Différend lié au secteur public : Comparaison des coûts d’un litige par rapport à un arbitrage dans l’Ouest canadien

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

Jackson Lewis P.C.

Court Rules Pension Fund’s Position Was Not ‘So Baseless’ as to Mandate an Award of Attorneys’ Fees

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ERISA is widely regarded as a remedial statute. As a result, employers who are pursued by multiemployer pension plans for withdrawal liability face an uphill battle when trying to recoup attorneys’ fees (often substantial)...more

Orrick, Herrington & Sutcliffe LLP

Determination on a Summary Basis: A New Weapon in the Arsenal Following the Arbitration Act 2025

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

BCLP

HK Court Refuses Borrower’s Challenge to Enforcement of Arbitral Award in Favour of Moneylender

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In CCC v AAC [2025] HKCFI 2987, Sir William Blair, sitting as Deputy High Court Judge in the Hong Kong Court of First Instance (“Court”), rejected a borrower’s challenge to the enforcement of an arbitral award in favour of a...more

Morgan Lewis

UK Arbitration Act 2025 to Enter Into Force on 1 August

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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

Haynes Boone

Arbitration in the Fifth – June 2025

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June 2025 saw opinions from the Fifth Circuit Court of Appeals addressing issues including the authority of a court to dismiss a case that had been stayed pending an arbitration and the sequence of decision-making when a...more

J.S. Held

The Enforceability of Sovereign Awards from the Perspective of an Asset Tracer

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When award creditors for investor-state arbitrations think of an asset tracer’s arsenal of tools for enforcement of their awards, they may immediately think of chasing assets held by the state such as high-value properties, a...more

BCLP

The UK’s New Arbitration Act Comes Into Force

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The Arbitration Act 2025 comes into force on 1 August 2025.  The new Act is largely based on the recommendations made in the Law Commission’s Final Report, published following a public consultation seeking views on...more

White & Case LLP

European Court of Human Rights delivers final ruling in the case of Semenya v. Switzerland

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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

Jenner & Block

US Supreme Court Rejects Heightened Standard for International Arbitration Award

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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

Ballard Spahr LLP

Courts Split on Enforcement of No Surprises Rules

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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

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