The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more
The recent District of Columbia District Court's decision against Lima demonstrates deference to arbitral tribunals....more
On July 15, 2021, the Second Circuit reinforced the availability of § 1782 discovery to most investor-state arbitrations. In The Application of the Fund for Protection of Investor Rights, the court held that an investment...more
7/19/2021
/ Arbitration ,
Banks ,
Bilateral Investment Treaties ,
Commercial Bankruptcy ,
Discovery ,
Foreign Tribunals ,
Investment ,
Investors ,
Lithuania ,
Russia ,
UNCITRAL
The Ruling: On March 6, 2018, the Court of Justice of the European Union ("CJEU") issued a judgment in the Achmea v. Slovakia case on whether the investor–state arbitration provision in the Netherlands–Slovakia Bilateral...more