Two U.S.-based arbitral institutions and two international institutions recently released global caseload data from 2023. The American Arbitration Association–International Centre for Dispute Resolution (AAA-ICDR) experienced...more
Background -
In 2018, several foreign investors obtained international arbitration awards against the Venezuelan government, which nationalized various industries under then-President Hugo Chávez. After confirming their...more
On June 27, 2023, the U.S. Supreme Court decided Counterman v. Colorado, No. 22-138, holding that a criminal prosecution based on a true threat of violence requires proof that the defendant subjectively understood the...more
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
On June 1, 2023, the U.S. Supreme Court decided Slack Technologies v. Pirani, No. 22-200, holding that a cause of action arising from § 11(a) of the Securities Act of 1933 for a material misstatement or omission in a...more
In this continuation of updates on international arbitration trends in 2022, several additional arbitral institutions have published their annual reports, confirming a busy recovery year in the international arbitration...more
In recent weeks, the U.S. Department of Justice (DOJ) has implemented significant changes to its corporate enforcement policies in an attempt to encourage companies to root out and voluntarily disclose corporate misconduct....more
Hong Kong -
The Hong Kong International Arbitration Centre (HKIAC) has recently released their statistics for 2022, providing an interesting glimpse into the state of international arbitration in Hong Kong....more
On June 30, 2022, the U.S. Supreme Court decided Biden v. Texas, No. 21-954. The Court held that the Immigration and Nationality Act (INA) does not prohibit the Biden administration’s Department of Homeland Security (DHS)...more
On June 29, 2022, the U.S. Supreme Court decided Torres v. Texas Department of Public Safety, No. 20-603. The Court held that a State may not invoke sovereign immunity as a legal defense to block a civil lawsuit filed against...more
On June 27, 2022, the U.S. Supreme Court decided Ruan v. United States, No. 20-1410, and Kahn v. United States, No. 21-5261, in a consolidated ruling. The Court held that when a criminal defendant is authorized to dispense...more
The U.S. Supreme Court has ruled in the case of ZF Automotive US v. Luxshare that parties to private foreign or international arbitrations may not seek discovery assistance from U.S. federal courts for use in their...more
On May 16, 2022, the U.S. Supreme Court decided Patel v. Garland, No. 20-979, holding that federal courts lack jurisdiction to review an immigration judge’s findings of fact pertaining to a removable immigrant’s petition for...more
With consumer prices increasing across the economy, the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) announced on February 17, 2022, a new joint initiative designed to identify and prosecute...more
On May 27, 2021, the Supreme Court of the United States decided City of San Antonio, Texas v. Hotels.com, L.P., No. 20-334, holding that the federal courts of appeals have the discretion to apportion all the appellate costs...more
6/1/2021
/ Appellate Rules ,
City of San Antonio Texas v Hotels.com ,
Federal Rules of Appellate Procedure ,
Hospitality Industry ,
Hotels ,
Hotels.com ,
Litigation Fees & Costs ,
Online Travel Vendors ,
Prevailing Party ,
SCOTUS ,
Supersedeas Bond
On April 5, 2021, the U.S. Supreme Court decided Google LLC v. Oracle America, Inc., holding that Google’s copying of a portion of an Application Programming Interface (API) for Java SE, in which Oracle was presumed to have a...more
4/6/2021
/ Copyright ,
Copyright Infringement ,
Copyright Litigation ,
Fair Use ,
Google ,
Google LLC v Oracle America Inc ,
Intellectual Property Litigation ,
Java ,
Oracle ,
SCOTUS ,
Transformative Use
With President Biden’s nomination of D.C. Circuit Judge Merrick Garland for U.S. attorney general proceeding toward confirmation in the Senate, the leader of the nation’s legal department is poised to change enforcement...more
The outcome of the 2020 general election in the United States will determine which of two visions of the investigative and prosecutorial arms of the federal executive branch will prevail for 2021 and beyond. The campaigns and...more
On 1 October 2020, the London Court of International Arbitration (LCIA) implemented its newly promulgated and updated rules, seeking to improve and expedite its international commercial arbitration proceedings....more
On June 1, the U.S. Supreme Court in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 590 U.S. ___ (June 1, 2020) unanimously held that a non-party may enforce an international arbitration agreement...more
6/9/2020
/ 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 current hot topic concerning international arbitration is whether parties can obtain discovery through the U.S. courts. Under 28 U.S.C. § 1782, an interested person may petition a district court for an order requiring a...more