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Ecuador Ruling Marks Significant Step for Arbitral Certainty

On May 9, a company incorporated in the Netherlands, CW Travel Holdings NV, succeeded in the Constitutional Court of Ecuador, arguing that lower courts in Ecuador violated Ecuador's constitution by refusing to consider CW...more

The Supreme Court Ends Practice of Dismissing, Rather Than Staying, Lawsuits Compelled to Arbitration

On May 16, 2024, the Supreme Court unanimously decided in Smith v. Spizziri that the Federal Arbitration Act (FAA), 9 U.S.C. § 3, divests federal district courts of any discretion to dismiss arbitrable claims that are...more

Enactment of the Foreign Extortion Prevention Act Expands the U.S. Department of Justice’s Ability to Prosecute International...

The breadth of the recently enacted FEPA presents pitfalls for U.S. companies dealing with foreign governments and state-owned entities requiring significant caution and effective compliance controls....more

Enforcement Of Foreign Judgments Abroad (The New Hague Convention)

Parties to a cross-border transaction must always take into account the possibility of facing future disputes. Tools such as the inclusion of arbitral clauses in international contracts have proven advantageous for a very...more

Replenishing The Judiciary

News abounds on the political and ideological ramifications of the record pace of White House nominations and Senate confirmations for the federal judiciary. This accelerated confirmation process marks a dramatic reversal...more

New Channels of Economic Opportunity to Follow U.S.-Cuba Policy Changes

On December 17, President Obama announced sweeping changes to U.S.–Cuba policies that will usher in a new era in bilateral relations between the two countries. In the coming months, the United States will move to re-establish...more

A New International Option: The "Emergency Arbitrator"

For many years, the common belief was that international arbitration was not suitable for cases in which emergency relief could become necessary. The time required to impanel an arbitration tribunal and the logistics of...more

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