When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...more
5/31/2024
/ Arbitration ,
Coinbase ,
Coinbase Inc v Suski et al ,
Contract Disputes ,
Contract Drafting ,
Contract Terms ,
Delegation Clauses ,
Jurisdiction ,
Putative Class Actions ,
Rules of Civil Procedure ,
Sweepstakes
On May 16, 2024, the United States Supreme Court in Smith v. Spizzirri addressed whether district courts are required to stay a lawsuit pending arbitration, or if they have the discretion to dismiss the suit when all the...more
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
7/5/2023
/ Arbitration ,
Arbitration Awards ,
Asset Freeze ,
Criminal Conspiracy ,
Enforcement of Foreign Judgments ,
Foreign Arbitral Awards ,
Foreign Corporations ,
Foreign Investment ,
International Arbitration ,
Misappropriation ,
Post-Judgment Enforcement Actions ,
Racketeering ,
RICO ,
SCOTUS ,
Yegiazaryan v Smagin
If you win an arbitration and want to enforce the award, you must first go to court and seek a judgment recognizing and enforcing the award against the losing party. At the same time, however, the losing party can likewise go...more
Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Commercial Arbitration ,
Corporate Counsel ,
Discovery ,
Federal Arbitration Act ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
SCOTUS
The disruption caused by the COVID-19 pandemic will leave many companies with less time and money to devote to litigating their business disputes.
So how can cash-strapped companies quickly and effectively resolve their...more