Users of arbitration know that one of the most important decisions they can make is the selection of the arbitrator. As arbitration grows more ubiquitous, more experienced arbitrators are being selected more frequently, and...more
US Case Law Update -
The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more
9/29/2023
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Bilateral Investment Treaties ,
Brazil ,
Code of Conduct ,
Coinbase Inc v Bielski ,
Conflicts of Interest ,
Creditors ,
Discovery ,
Dispute Resolution ,
Federal Arbitration Act ,
France ,
International Litigation ,
Investment ,
RICO ,
SCOTUS ,
United Nations ,
Venezuela ,
Yegiazaryan v Smagin
ICSID Tribunal Finds That Colombia Violated the Minimum Standard of Treatment but Did Not Indirectly Expropriate the Investment in Eco Oro v. Colombia - In September 2021, an International Centre for Settlement of Investment...more
3/2/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Bilateral Investment Treaties ,
Discovery ,
Dispute Resolution ,
ICSID ,
International Arbitration ,
Jurisdiction ,
Latin America ,
Office of Foreign Assets Control (OFAC)
Impact of COVID-19 on Cross-Border Disputes -
Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more
5/18/2020
/ Arbitral Authority ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Corruption ,
Criminal Investigations ,
Cross-Border Transactions ,
Cuba ,
Dispute Resolution ,
Enforcement of Foreign Judgments ,
Federal Pleading Requirements ,
Helms-Burton Act ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
Latin America ,
Parallel Proceedings ,
SCOTUS ,
Signatures ,
Subcontractors ,
United States-Mexico-Canada Agreement (USMCA)
As detailed in an October 2, 2018, Skadden client alert, the United States’ efforts to revise the 25-year-old North American Free Trade Agreement (NAFTA) reached a milestone on September 30, 2018, when the U.S., Mexico and...more
2/11/2019
/ Arbitration Awards ,
Argentina ,
Bilateral Investment Treaties ,
Bolivia ,
Border Disputes ,
Brazil ,
Chile ,
Dispute Resolution ,
Ecuador ,
Enforcement of Foreign Judgments ,
Extraterritoriality Rules ,
Foreign Corrupt Practices Act (FCPA) ,
Foreign Investment ,
Free Trade Agreements ,
Guatemala ,
ICSID ,
International Arbitration ,
International Court of Justice (ICJ) ,
Investor Protection ,
Investor State Dispute Settlement (ISDS) ,
Latin America ,
Manifest Disregard ,
Most-Favored Nations ,
NAFTA ,
Service of Process ,
Spain ,
UNCITRAL ,
United States-Mexico-Canada Agreement (USMCA) ,
Uruguay
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
A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more
10/13/2016
/ Arbitration Awards ,
Arbitrators ,
Argentina ,
Bilateral Investment Treaties ,
Conflicts of Interest ,
Corporate Counsel ,
Evidence ,
Federal Arbitration Act ,
Impartiality ,
International Arbitration ,
Investors ,
Motion to Vacate ,
Standard of Review ,
UK ,
UNCITRAL ,
Young Lawyers
On June 23, 2016, Skadden hosted a webinar titled “Foreign Governments, U.S. Courts and International Arbitration.” Topics of discussion included the settlement of the Argentine sovereign debt litigation, enforcement of...more
7/14/2016
/ Arbitration Awards ,
Argentina ,
Cuba ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Foreign Sovereigns ,
ICSID ,
International Arbitration ,
Iran ,
Post-Judgment Enforcement Actions ,
Sovereign Debt ,
State Sponsors of Terrorism ,
Terrorism Insurance
As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more
Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more
1/16/2016
/ Arbitration ,
Arbitration Awards ,
Choice of Court Agreements Treaty ,
Discovery ,
Dispute Resolution ,
Enforcement ,
Hague Convention ,
International Arbitration ,
International Litigation ,
New York Convention ,
UNCITRAL ,
Young Lawyers
When faced with questions of corruption in a commercial dispute, New York courts and international arbitration tribunals have historically taken different approaches. In particular, questions often arise pertaining to...more