The New Cold War: Risk, Sanctions, Compliance Episode 25: “Can the U.S. Seize the Russian Central Bank’s Assets?”
Common Missteps When Suing the State of New Jersey and How to Prevent Them
U.S. Eleventh Circuit Court of Appeals - Walmart v. King - APA, ALJs, constitutional challenge - Gray v. Birchfield - employment, harassment, punitive damages, assault, battery - USA v. Rowe - prior panel precedent...more
Here are a few recent legal updates from US and UK of relevance to Indian clients...more
As all eyes focus on peace talks and the future of the Russia/Ukraine conflict, Russia recently suffered another defeat in the long running Yukos saga, with the English Court of Appeal confirming that Russia could not invoke...more
U.S. Eleventh Circuit Court of Appeals - NLRB v. ArrMaz Products - collective bargaining, election - Lubin v. Starbucks - class action, ERISA, arbitration - USA v. Ogiekpolor - speedy trial...more
AT A GLANCE - State involvement in commercial transactions continues to increase and remains an area of distinct legal risk for commercial parties. The nature of a state's role on any transaction may vary and its...more
On June 10, 2024, the Ninth Circuit entered an opinion finding that the Choctaw Nation had expressly waived its sovereign immunity against arbitration, determining that the contractual provision between the Nation and...more
It is anticipated that as of 1 January 2024, Hong Kong will follow the PRC in making a significant change to its concept of “sovereign” or “state” immunity which further enhances Hong Kong’s reputation as a dispute resolution...more
The Third Circuit Court of Appeals has again allowed creditors of Venezuela to attach assets belonging to Venezuela’s national oil company to satisfy arbitration awards against Venezuela. The Third Circuit rejected...more
Some readers will be familiar with the many claims made against Spain for the alleged violation of its obligations to foreign investors under the Energy Charter Treaty (the ECT). In May 2023, the English Commercial Court...more
This week, the Ninth Circuit addresses the ability of non-parties to invoke arbitration agreements, and refreshes its law on the applicability of Eleventh Amendment sovereign immunity in the arbitration context. KIM NGO...more
Most of us have heard the expression “Pigs get fat, hogs get slaughtered.” The United States Court of Appeals for the Fourth Circuit did not slaughter the officials of the lenders in its November 16, 2021 opinion in Hengle...more
This week, we take a look at a Ninth Circuit decision navigating the intricacies of appellate review of interlocutory arbitration orders, and another exploring the difference between a federally chartered tribal corporation...more
In its recent decision in (1) Hulley Enterprises Limited, (2) Yukos Universal Limited, (3) Veteran Petroleum Limited v The Russian Federation,1 the High Court concluded that where a party has challenged the jurisdiction of...more
A tanker truck, converted into a bomb, was detonated near the north face of building #131 at the Khobar Towers complex in Saudi Arabia shortly before 10 pm on 25 June 1996, according to the 2001 U.S. federal grand jury...more
There are many legal issues to consider when bidding on and building projects in American Indian Country. Which labor and employment laws apply? Are there contracting or hiring preferences that apply? Do the Prompt Pay Act...more
FSIA "Commercial Activity" Exception Applies to Transportation of Submarine Loaned to Australian National Museum at Nominal Cost - Anderson Trucking Service, Inc. v. Eagle Underwriting Group, Inc., US District Court for...more
FSIA Precludes Enforcement of Arbitral Award Against Property Held by the Government of India Outside the US - Hardy Exploration & Production (India), Inc. v. Government of India, US District Court for the District of...more
In an unusual decision in an unusual case—a dispute between sovereigns—a U.S. appellate court recently vacated a domestic arbitration award on grounds other than those provided in Section 10 of the Federal Arbitration Act...more
Ukraine’s recent attempt to resist enforcement of an ICSID award on sovereign immunity grounds has failed. Most importantly, the decision confirms the inherent value in any arbitration agreement –a State may lose the right...more
One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more
Ninth Circuit Strikes Down Employer's Class Action Waiver - Morris v. Ernst & Young, LLP, 2016 WL 4433080 (9th Cir. 2016) - As a condition of employment, Stephen Morris and Kelly McDaniel were required to sign...more
One of our long-standing objectives for this blog is to provide in-depth analysis of recent court rulings and developing trends that impact class action practice. That remains a driving tenet. In an effort to expand our...more