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Federal Arbitration Act International Arbitration Arbitration Agreements

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Pillsbury - Policyholder Pulse blog

Untying the Gordian Knot: The Second Circuit (Re)joins the Fray of Reverse Preemption of International Arbitration Provisions in...

The Second Circuit Court of Appeals has weighed in (again) on a still unsettled issue in the realm of insurance law: whether arbitration provisions in insurance policies issued by foreign insurers are enforceable...more

Kennedys

International arbitration update: New York Convention not reverse preempted by state law

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In Certain Underwriters at Lloyds, London v. 3131 Veterans BLVD, LLC, the United States Court of Appeals for the Second Circuit held that Article II Section 3 of the New York Convention is self-executing and not...more

Husch Blackwell LLP

Fifth Circuit: Reference to Defunct Entity Did Not Abrogate Intent to Arbitrate

Husch Blackwell LLP on

The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, finding that the parties’ arbitration clause expressed a clear intent to arbitrate and that the reference in...more

Bradley Arant Boult Cummings LLP

5th Circuit Rules Intent to Arbitrate Trumps Defunct Forum

The Fifth Circuit ruled that Baker Hughes Saudi Arabia and Dynamic Industries, Inc., could be compelled to arbitration in a forum that no longer exists. In doing so, the court ruled that the parties’ “dominant purpose was to...more

Womble Bond Dickinson

International Arbitration: What You Need to Know for 2025

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As 2025 gets underway, Womble Bond Dickinson has been taking stock of the major international arbitration developments from last year that are likely to affect our clients with international business. In 2024, we saw...more

K&L Gates LLP

Arbitration World: Interstate Arbitration Part 1

K&L Gates LLP on

In this first episode of our Interstate Arbitration series, Ian Meredith talks with Professor Stephen Minas of Peking University Transnational Law School, to introduce the general ins and outs of interstate (or State vs...more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in London

Vinson & Elkins LLP on

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

Miles Mediation & Arbitration

[Event] 2024 Arbitration Training Institute - June 6th - 7th, Atlanta, GA

Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive...more

JAMS

[PODCAST] Top Considerations for Selecting International Arbitration Seats and the Rise of the U.S. as an International ADR Hub

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JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss...more

K&L Gates LLP

Arbitration World - June 2023

K&L Gates LLP on

Welcome to the 39th Edition of Arbitration World, a publication from K&L Gates’ International Arbitration practice group highlighting significant developments and issues in arbitration for executives and in-house counsel ...more

Faegre Drinker Biddle & Reath LLP

First Circuit Holds That New York Convention Preempts Contrary State Laws Barring International Arbitration of Insurance Disputes

Background On May 19, 2023, the First Circuit Court of Appeals ruled in Green Enterprises, LLC v. Hiscox Syndicates Ltd. at Lloyd’s of London that the New York Convention on the Recognition and Enforcement of Foreign Arbitral...more

Shook, Hardy & Bacon L.L.P.

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions...more

Troutman Pepper Locke

A Change in Course? The Eleventh Circuit May Soon Join Most Circuits on the Applicability of FAA Grounds to Vacate Nondomestic...

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In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic...more

Carlton Fields

SDNY Confirms Unopposed Arbitration Award Using Summary Judgment Framework

Carlton Fields on

A Turkish manufacturer of motor coaches entered into a distribution agreement with a Delaware-based corporation for the exclusive distribution of its motor coaches in the United States. Years later, a dispute arose over the...more

Fox Rothschild LLP

A Review: State-Law Principles Allowing A Nonsignatory To Enforce An Arbitration Provision Against A Signatory May Be Applied To...

Fox Rothschild LLP on

In cases involving contracts between U.S. companies, courts frequently allow a nonsignatory to a contract to enforce an arbitration provision in the contract against a signatory, when the signatory to the contract relies on...more

Proskauer - Minding Your Business

Tenth Circuit Finds FAA Defenses Applicable to Nondomestic Arbitral Awards

The U.S. Court of Appeals for the Tenth Circuit recently held for the first time that parties opposing confirmation of nondomestic arbitral awards (i.e., awards issued in disputes involving property located or conduct...more

Snell & Wilmer

From the U.S. Supreme Court: The New York Convention Does Not Bar Non-Signatories to an Arbitration Agreement From Compelling...

Snell & Wilmer on

The U.S. Supreme Court recently addressed whether a non-signatory’s attempt to compel arbitration under an international arbitration agreement using domestic doctrines of equitable estoppel is barred by the Convention on the...more

Carlton Fields

Arkansas Federal Court Finds McCarran-Ferguson Act Does Not Supersede the New York Convention or Chapter II of the FAA

Carlton Fields on

In a case involving an arbitration agreement between foreign nationals and U.S. citizens, which is governed by the Convention on the Recognition and Enforcement of Foreign Arbitral Awards and its implementing legislation,...more

King & Spalding

Supreme Court Broadens Non-Signatory Enforcement of Arbitration Agreements Under the New York Convention

King & Spalding on

On Monday, June 1, 2020, the Supreme Court of the United States addressed the scope of enforceability by non-signatories of arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral...more

Mintz - Arbitration, Mediation, ADR...

Enforcing Insurance Policy Arbitration Clauses: New York Convention Itself May Trump McCarran-Ferguson Act in the Federal...

Battles persist concerning the enforceability of insurance policy arbitration clauses due to the conflict between (a) the U.S. Constitution’s Supremacy Clause (Art. VI, cl. 2), which gives federal laws and international...more

Mintz - Arbitration, Mediation, ADR...

Insurance Policy Arbitration Clauses: Considering the “Conformity to Statute” Wildcard and a Treaty in the Federal Preemption vs....

The United States Constitution, a U.S. treaty, two federal statutes, a state statute, and a commercial contract walk into a bar. The federal statutes are arguing. The Constitution, the treaty, one of the federal statutes, and...more

Carlton Fields

Ninth Circuit Affirms Order Denying Arbitration, Applying Precedent That State Law Does Not Overcome the New York Convention’s...

Carlton Fields on

In a trademark dispute, Shrinivas Sugandhalaya LLP (SS LLP), an incense manufacturing company based in Mumbai, appealed the denial of its motion to compel arbitration against Balkrishna Setty and his company Shrinivas...more

Troutman Pepper Locke

UPDATE: GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC: U.S. Supreme Court Grants Writ of Certiorari to...

Troutman Pepper Locke on

As discussed in our post from last year, on August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant owner, Outokumpu Stainless USA, LLC...more

Sheppard Mullin Richter & Hampton LLP

Privacy And Confidentiality Are Siblings, Not Twins

When asked why they choose to resolve their disputes through international arbitration, parties often identify confidentiality as an important factor. While the parties may think their arbitration is confidential, in many...more

Carlton Fields

D.C. Circuit Court Affirms $1.2 Billion Arbitration Award to Gold-Mining Company

Carlton Fields on

Crystallex International Corporation (“Crystallex”) is a Canadian gold-mining company. Crystallex acquired the rights to explore gold deposits in Venezuela through a contract. ...more

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