News & Analysis as of

International Arbitration Supreme Court of the United States

Fox Rothschild LLP

U.S. Supreme Court Rules Unanimously That Federal Courts Can Exercise Jurisdiction Over the Palestinian Authority in Damages...

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In 2019, Congress enacted the Promoting Security and Justice for Victims of Terrorism Act (PSJVTA), which created jurisdiction over the Palestinian Authority (PA) and Palestine Liberation Organization (PLO) for...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...

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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

Snell & Wilmer

U.S. Supreme Court Rejects Minimum Contacts for Personal Jurisdiction Over Foreign States Under Foreign Sovereign Immunities Act...

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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

Orrick, Herrington & Sutcliffe LLP

Supreme Court Clarifies FSIA Personal Jurisdiction Standard

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

Foley & Lardner LLP

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

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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

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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

Jenner & Block

Client Alert: US Supreme Court Clarifies Availability of US Forum for Victims of Foreign State Expropriation

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On February 21, 2025, the Supreme Court issued its decision in Republic of Hungary v. Simon, holding that allegations of commingling of funds alone cannot satisfy the US commercial nexus requirement of the expropriation...more

WilmerHale

Year In Review and Developments to Watch in Foreign Sovereign Litigation in U.S. Courts

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In 2024, U.S. courts issued consequential decisions in cases brought against foreign states and their agencies and instrumentalities under the Foreign Sovereign Immunities Act (“FSIA”). This alert summarizes key decisions in...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

Fox Rothschild LLP

U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between...

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In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to two separate agreements that are in conflict as...more

Fox Rothschild LLP

Litigants in Two Major International Arbitrations Ask the Supreme Court to Review the Standard for Showing “Evident Partiality” By...

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Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the standard that courts...more

Bennett Jones LLP

Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

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UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally...more

Jenner & Block

US Supreme Court Permits Foreign Plaintiff to Bring RICO Suit for Evading Attempts to Enforce an International Arbitral Award

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The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (RICO). RICO is a powerful statute that allows recovery of treble damages and attorneys’ fees...more

Morris James LLP

The Supreme Court Finds Foreign Award Creditor Can Bring Claims under RICO to Enforce Award

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On June 22, 2023, the Supreme Court issued a 6–3 opinion in Yegiazaryan v. Smagin, holding that a foreign award creditor may bring claims under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) related to the...more

A&O Shearman

Yegiazaryan v. Smagin: RICO Becomes a Tool for Foreign Plaintiffs to Collect on Arbitration Awards in the U.S.

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The Supreme Court’s recent decision in Yegiazaryan v. Smagin opens the door for foreign plaintiffs to use the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as an additional tool for collecting on international...more

Troutman Pepper Locke

RICO and Foreign Arbitration Enforcement - RICO Report Podcast

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Join Troutman Pepper White Collar and Litigation Partner Cal Stein for a special podcast series, discussing the legal landscape surrounding the Racketeer Influenced and Corrupt Organizations Act (RICO). In this installment,...more

Jenner & Block

Client Alert: US Supreme Court Permits Foreign Plaintiff To Bring RICO Suit for US Acts To Frustrate Enforcement of an...

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The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), which provides treble damages and attorneys’ fees, to assist enforcement of an...more

Miller Canfield

U.S. Supreme Court Confirms that Foreign Companies Can Use a Powerful Tool to Enforce International Arbitration Awards

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The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more

Bradley Arant Boult Cummings LLP

Don’t Hide the Money: Supreme Court Allows Civil Racketeering Claim to Proceed in Foreign Arbitration Context

If you’ve ever seen the popular film Goodfellas, you might have heard of the infamous Racketeer Influenced and Corrupt Organizations Act. It’s usually referred to by its acronym, “RICO,” and was designed to punish a laundry...more

Jones Day

Supreme Court Makes Civil RICO Available Against Fraudulent Domestic Efforts to Avoid International Arbitration Award Enforcement

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The U.S. Supreme Court held that a foreign plaintiff can sue a domestic U.S. judgment-debtor under the Racketeer Influenced and Corrupt Organizations Act ("RICO") for the debtor's fraudulent domestic efforts to avoid...more

Seyfarth Shaw LLP

Supreme Court Rejects De Minimis Test For Religious Accommodation Under Title VII

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Most of our readers have transnational business operations. If they have employees in the United States, they should review carefully today’s decision of the United States Supreme Court. In a 9-0 ruling, the Court...more

Pillsbury Winthrop Shaw Pittman LLP

SCOTUS Upholds Civil RICO Lawsuit for a Foreign Defendant’s Acts in the United States to Evade Enforcement of a Foreign Arbitral...

The Supreme Court held that a defendant’s acts to prevent a foreign plaintiff from collecting on an overseas arbitration award in the U.S. may give rise to a civil RICO claim. The Court held that whether there is a U.S....more

K&L Gates LLP

US Supreme Court Opens New Path to Assist Foreign Award Creditors Seeking to Enforce Arbitral Awards

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In its opinion of 22 June 2023 in Yegiazaryan v. Smagin, the US Supreme Court ruled that a foreign award creditor may bring claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) related to the enforcement...more

Paul Hastings LLP

U.S. Supreme Court Approves Foreign Plaintiff’s Use of Civil RICO in Connection with Enforcement of Foreign Arbitral Awards

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On June 22, 2023, a 6-3 Opinion issued in Yegiazaryan v. Smagin, No. 22-381, the U.S. Supreme Court held that a plaintiff—whether located in the United States or abroad—may use the Racketeer Influenced and Corrupt...more

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