News & Analysis as of

New York Convention Jurisdiction Arbitration Agreements

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

Jones Day

D.C. Circuit Allows Challenge to Counsel's Authority to Enforce International Arbitration Award

Jones Day on

The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more

Conyers

Navigating Defences and the Burden of Proof on the New York Convention Chessboard: The BVI Court’s Approach

Conyers on

In its recent decision in BVIHC(COM) 2022/0169 Qu Haiping v Window of Trade International Limited and Ors, the BVI Court considered the question of the burden of proof and defences that a defendant can invoke when resisting...more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

Carlton Fields on

The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Walkers

Privy Council considers the enforcement of foreign arbitral awards in the Cayman Islands

Walkers on

On 19 May 2022, the Privy Council's judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022]...more

Hogan Lovells

Enforcement of Emergency Awards – India takes a leap

Hogan Lovells on

On 6 August 2021, the Indian Supreme Court ruled that awards of emergency arbitrators in India-seated arbitration would be enforceable in India. This has attracted international attention in relation to the recognition of the...more

Jackson Walker

Fifth Circuit Returns to the New York Convention to Address a Protracted Saga in International Arbitration

Jackson Walker on

For the second time this year, the United States Court of Appeals for the Fifth Circuit has issued a decision interpreting and applying the New York Convention in an international arbitration case. In the most recent...more

Mintz - Arbitration, Mediation, ADR...

Establishing Subject Matter Jurisdiction Over Post-Award Motions in Federal Court: Split Deepens as Fifth Circuit Joins Three...

As discussed in earlier posts, the Federal Arbitration Act (“FAA”), 9 U.S.C. §§ 1, et seq., does not itself provide an independent basis for subject matter jurisdiction over federal court proceedings concerning domestic...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Carlton Fields on

The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Carlton Fields

Second Circuit Affirms Ruling Rejecting Lack of Notice Defense Under New York Convention Article

Carlton Fields on

Affirming the confirmation of a Chinese arbitral award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Second Circuit held that notice mailed directly to an entity is sufficient to...more

Carlton Fields

Eleventh Circuit Reverses Order Compelling Arbitration Between Non-Signatories

Carlton Fields on

Plaintiff Outokumpu Stainless USA, LLC (“Outokumpu”) contracted with F.L. Industries, Inc. “”FLI”), a German company, to provide cold rolling mills (“CRMs”), which are used in the production of certain steel products. FLI...more

Bracewell LLP

Worthier Horizons: The UAE's New Federal Arbitration Law

Bracewell LLP on

Almost 12 years after it acceded to the New York Convention, the UAE’s new Federal Arbitration Law came into effect on 16 June 2018. Closely based on the UNCITRAL Model Law, it is widely regarded amongst the international...more

K&L Gates LLP

Arbitration World

K&L Gates LLP on

Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Morgan Lewis

An Introductory Guide to Arbitration in Asia

Morgan Lewis on

International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

14 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide