SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more
5/29/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Business Litigation ,
Coinbase ,
Coinbase Inc v Suski et al ,
Crypto Exchanges ,
Cryptocurrency ,
Delegation Clauses ,
SCOTUS ,
Sweepstakes
A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal...more
3/7/2024
/ Antitrust Litigation ,
Arbitration ,
Corporate Counsel ,
Federal Arbitration Act ,
Investment ,
Litigation Funding ,
Popular ,
Settlement ,
Settlement Negotiations ,
Sysco ,
TRO
In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic...more
Since the U.S. Supreme Court (SCOTUS) issued its June 2022 critical decision in AlixParters, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, private parties have been foreclosed from petitioning federal courts...more
On July 8, the Second Circuit affirmed a refusal to enforce a $1.8 billion arbitration award (now worth approximately $2.7 billion with interest) annulled by a Nigerian court in Esso v. Nigerian National Petroleum Company. In...more
On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more
The U.S. Supreme Court will resolve the circuit split concerning whether 28 U.S.C. § 1782(a) (Section 1782) applies to private, commercial international arbitrations after all. On December 10, the Court agreed to hear a pair...more
The Servotronics Inc. v. Rolls-Royce PLC et al. case accepted by the U.S. Supreme Court has been settled and withdrawn, with the matter now removed from the Court’s October 2021 argument calendar. As reported in our March 23...more
After its conference on March 19, the Supreme Court decided to hear the request of Servotronics, Inc. to determine whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a)...more
On December 7, the Supreme Court received a request to decide whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a) (Section 1782) to obtain discovery through U.S....more
This is an update to our article “Supreme Court May Decide if Litigants Can Conduct U.S. Discovery for Private International Arbitrations,” published on July 7, 2020. The next day, July 8, the Second Circuit upheld its 1999...more
In the midst of the COVID-19 pandemic, the flexibility of arbitration is on full display. Unlike courts, which must clear bureaucratic hurdles to implement changes while also adhering to requirements such as public access,...more
On January 6, Singapore took the next step in effectuating an international enforcement regime for mediated settlement agreements by introducing legislation to become the first nation to ratify the Singapore Convention....more
1/15/2020
/ Arbitration ,
Arbitration Awards ,
Business Litigation ,
Enforcement Authority ,
International Arbitration ,
International Litigation ,
International Mediation ,
New York Convention ,
Settlement Agreements ,
Singapore ,
Singapore Convention ,
UNCITRAL
Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7...more
9/9/2019
/ Arbitration ,
Arbitration Awards ,
Business Development ,
Chain of Distribution ,
Cross-Border Transactions ,
Debt Market ,
Defense Sector ,
Doing Business ,
Foreign Direct Investment ,
Foreign Investment ,
Foreign Relations ,
India ,
International Arbitration ,
Manufacturers ,
Regulatory Agenda ,
Strategic Partnerships
A closely followed New York trial court decision in favor of the “manifest disregard” standard for vacating arbitral awards was recently reversed by the New York Supreme Court Appellate Division in In re Daesang Corp. v. The...more