Over the past few years, the use and role of tribunal secretaries in international arbitration has garnered considerable interest. In its 2021 International Arbitration Rules (“Rules”), the International Centre for Dispute...more
As was explored in a previous QuickStudy, “Private Arbitrations and the Use of 28 U.S.C. § 1782: A Patchwork of Availability,” a divide exists among the courts as to whether § 1782 is available for use in private commercial...more
Section 7 of the Federal Arbitration Act (“FAA”) grants arbitrators the authority to “summon in writing any person to attend before them . . . as a witness and in a proper case to bring with him or them any book, record,...more
The international arbitration community has watched the case of GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC with great interest. At issue is whether a nonsignatory to an arbitration agreement...more
6/3/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
A previous QuickStudy explored the deep divide among the U.S. courts regarding whether 28 USC §1782’s use of “foreign tribunal” encompasses private commercial arbitration tribunals.1 The Sixth and Fourth Circuits of the...more
In the context of an arbitration, “confidentiality” typically refers to the parties’ obligation not to disclose information concerning the arbitration to third parties. As demonstrated by a recent arbitral tribunal ruling,...more
As the COVID-19 rampage continues, all segments of society and industry are being affected, with the “new normal” requiring social distancing and online communications. Online platforms such as Skype, Microsoft Teams,...more
On 7 April 2020, the Fifth Circuit Court of Appeals handed down its decision in Texas Brine Co., L.L.C. v. Am. Arbitration Ass’n, Inc., No. 18-31184, 2020 WL 1682777 (5th Cir. Apr. 7, 2020). Much of the commentary regarding...more
Typically arbitration is commenced based on an arbitration clause contained in a contract executed months or years before the parties’ dispute arises. In other instances, once a dispute arises, the parties agree that the...more
“Art is much less important than life, but what a poor life without it.”
Robert Motherwell-
Across the world, museums, theatres and libraries are closed, all victims of the COVID-19 specter and the attempt to flatten the...more
With the specter of COVID-19 and its concomitant impact on the world economy, the US is poised to see an increase in bankruptcy filings during 2020 across any number of business sectors. A debtor’s bankruptcy calls into...more
On March 2, 2020, the Supreme Court denied the petition for writ of certiorari filed in Laurel Zuckerman, as Ancillary Adminstratrix of the Estate of Alice Leffmann v. The Metropolitan Museum of Art. At issue was whether the...more
The U.S. Supreme Court in Hall Street Associates, L.L.C. v. Mattel, Inc. held that Sections 10 and 11 of the Federal Arbitration Act (FAA) provide the exclusive regimes for review of arbitration awards and that these regimes...more
It is generally accepted that an international arbitration award is final and binding. Unlike a court judgment that can be appealed for factual and legal review, an arbitration award typically can only be challenged based on...more
It has long been the accepted norm in international arbitration that an arbitral tribunal has the jurisdiction to order interim measures relating to the subject matter of the dispute. It also has been long accepted that a...more
Many people believe that appointing an arbitrator is the most critical decision during an arbitration. In the “typical” two-party arbitration, this objective is easily met either by choosing rules that provide for direct...more
In too many transactions, the dispute resolution clause is treated as mere boilerplate. In fact, dispute resolution clauses present an opportunity for lawyers to add significant value to their clients’ transactions. Giving...more
On March 20, 2015, the Texas Supreme Court in Doris Virginia McGregor Stribling et al. v. Millican DPC Partners, LP et al., No. 14-0500 (Tex. 2015), held that a metes and bounds description will prevail over a more general...more
Neither the courts of Texas nor Louisiana have directly addressed the meaning of the word “replace” in the context of a pipeline easement and, in particular, whether replacement requires the removal of the old pipeline or...more