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Arbitration Awards

Carlton Fields

Second Circuit Affirms Confirmation of Arbitration Award Involving Dispute About Foreign Restaurant Franchises

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The Second Circuit Court of Appeals has rejected a challenge to a confirmation of an arbitration award upholding the nonrenewal of a master franchise agreement for Subway restaurants....more

Proskauer - Health Care Law Brief

No Surprises Here! Fifth Circuit Holds NSA Provides No Private Right of Action to Enforce IDR Awards, Deepening Judicial Divide...

In a recently issued opinion, the Fifth Circuit has added yet another chapter to the growing debate over whether providers may seek judicial enforcement of Independent Dispute Resolution (“IDR”) awards issued under the No...more

Sheppard Mullin Richter & Hampton LLP

If The Shoe Doesn’t Fit: Supreme Court Rejects “Minimum Contacts” For Personal Jurisdiction Under FSIA

The Supreme Court recently confirmed in a unanimous decision the requirements for personal jurisdiction over foreign states when parties seek to confirm international arbitration awards, but important questions remain. In...more

Carlton Fields

Ohio Federal Court Grants Motion to Confirm Arbitrator’s Award of Attorneys’ Fees and Costs to Prevailing Party

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In Preferred Wireless LLC v. T-Mobile USA Inc., the U.S. District Court for the Southern District of Ohio addressed a motion by defendant T-Mobile to confirm an arbitrator’s award of attorneys’ fees and costs, and also...more

Carlton Fields

Court Denies Vacatur of Zero-Damage Arbitration Award, Finding No Manifest Disregard of the Law

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The case involved a dispute between a medical device manufacturer and a purchaser. The petitioner, Northgate Technologies Inc., alleged that United States Endoscopy Group Inc. breached a requirements contract by purchasing...more

Mayer Brown

US Supreme Court Rejects "Minimum Contacts" Requirement Under Foreign Sovereign Immunities Act in Action to Enforce an Arbitration...

Mayer Brown on

In a unanimous decision on June 5, 2025, the Supreme Court of the United States overturned a Ninth Circuit decision declining to enforce a US$ 1.3 billion arbitral award issued to Devas Multimedia Private Ltd. ("Devas"), an...more

King & Spalding

Fifth Circuit Finds No Private Right of Action for Providers to Enforce Surprise Billing Awards

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On Thursday, June 12, 2025, a panel of the United States Court of Appeals for the Fifth Circuit issued two rulings construing parts of the No Surprises Act (NSA) to limit judicial review of arbitration awards issued under the...more

ArentFox Schiff

Federal Courts Divided Over Private Enforcement of ‘No Surprises Act’ Arbitration Awards

ArentFox Schiff on

Congress enacted the No Surprises Act (NSA) to protect patients from unexpected medical bills. A central pillar of the NSA is its independent dispute resolution (IDR) process, under which payers and providers can submit...more

Snell & Wilmer

U.S. Supreme Court Rejects Minimum Contacts for Personal Jurisdiction Over Foreign States Under Foreign Sovereign Immunities Act...

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On June 5, 2025, the U.S. Supreme Court unanimously reversed a Ninth Circuit Court of Appeals decision requiring a plaintiff seeking to confirm an arbitration award against a foreign state to prove minimum contacts with the...more

Troutman Pepper Locke

Fifth Circuit Clarifies Enforcement of IDR Awards Under the No Surprises Act

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On June 12, the U.S. Court of Appeals for the Fifth Circuit issued a significant opinion in the case involving Guardian Flight, LLC and Med-Trans Corporation, two air ambulance providers, against the defendant insurance...more

K&L Gates LLP

Arbitration World: the Singapore International Arbitration Centre (SIAC) (Part 2)

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This publication is issued by K&L Gates Straits Law LLC, a Singapore law firm with full Singapore law and representation capacity, and to whom any Singapore law queries should be addressed. K&L Gates Straits Law is the...more

WilmerHale

U.S. Supreme Court Holds That FSIA Does Not Require Plaintiffs to Prove Minimum Contacts to Establish Personal Jurisdiction Over a...

WilmerHale on

On June 5, 2025, the U.S. Supreme Court held in a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd. that the Foreign Sovereign Immunities Act (FSIA) does not require plaintiffs to show that a foreign state...more

Baker Donelson

U.S. Fifth Circuit Firmly Shuts Courthouse Doors on Petitions to Vacate Arbitration Awards for "Manifest Disregard of the Law"

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The U.S. Court of Appeals for the Fifth Circuit in United States Trinity Energy Services., L.L.C. v. Southeast Directional Drilling, L.L.C., 135 F.4th 303 (5th Cir. 2025) ruled that "manifest disregard of the law" is not a...more

Proskauer - Health Care Law Brief

No Surprises Here! Connecticut District Court Confirms IDR Awards Are Enforceable Under the NSA, Deepening Judicial Divide Over...

The U.S. District Court for the District of Connecticut has become the latest court to weigh in on whether Independent Dispute Resolution (“IDR”) awards issued under the No Surprises Act (“NSA”) are enforceable. In a recent...more

K&L Gates LLP

Dubai Court of Appeal Annuls Anti-Suit Injunction Issued in ICC Arbitration Proceedings

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Introduction - In a recent decision, the Dubai Court of Appeal (Court of Appeal) in Case No. 8 of 2025 (issued on 28 April 2025) annulled an interim award, issued by an arbitral tribunal in an ongoing International Chamber of...more

Orrick, Herrington & Sutcliffe LLP

Supreme Court Clarifies FSIA Personal Jurisdiction Standard

On June 5, 2025, the U.S. Supreme Court in CC/Devas (Mauritius) Ltd., et al. v. Antrix Corp., et al., No. 23-1201 held that personal jurisdiction exists over a foreign entity under the Foreign Sovereign Immunities Act (FSIA)...more

Foley & Lardner LLP

Supreme Court Rejects Minimum Contacts Requirement to Subject Foreign States to Suits in the U.S. Under FSIA

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On June 5, 2025, in a unanimous decision authored by Justice Alito, the United States Supreme Court held that the Foreign Sovereign Immunities Act of 1976 (FSIA), 28 U.S.C. §§1330, 1602 et seq., does not require a plaintiff...more

Carlton Fields

Second Circuit Affirms Dismissal of Challenge to FINRA Award

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The Second Circuit Court of Appeals has affirmed the dismissal of a challenge to a FINRA arbitration award after concluding that federal courts lacked jurisdiction over the matter....more

King & Spalding

Supreme Court Rejects “Minimum Contacts” Analysis for Award Enforcement Under the FSIA

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On June 5, 2025, the Supreme Court issued its unanimous opinion in CC/Devas (Mauritius) Ltd. et al. v. Antrix Corp. Ltd. et al. (605 U.S. ___ (2025)), holding that personal jurisdiction exists over an enforcement action...more

Jenner & Block

India Newsletter - June 2025

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Here are a few recent legal updates from US and UK of relevance to Indian clients...more

White & Case LLP

Public interest in arbitration

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Only one third of our respondents have encountered any of the various categories of public interest issues in their arbitrations. There is, however, an expectation that environmental and human rights issues will increasingly...more

Bennett Jones LLP

What Class Action Settlement Costs Will A Defendant’s Insurer Cover? The Ontario Superior Court of Justice Provides Some Answers

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In Tokio Marine & Nichido Fire Insurance v Honda Canada, 2025 ONSC 2856, the Ontario Superior Court upheld an arbitral panel's conclusion that an umbrella insurance policy covered settled class counsel fees, but not...more

White & Case LLP

Experiences, Preferences And Enforcement

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An overwhelming majority (87%) of respondents continue to choose international arbitration to resolve cross-border disputes, either as a standalone mechanism (39%) or with Alternative Dispute Resolution (ADR) (48%). There has...more

White & Case LLP

2025 International Arbitration Survey – The path forward: Realities and opportunities in arbitration

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The 2025 International Arbitration Survey, entitled “The path forward: Realities and opportunities in arbitration”, investigates current trends in user preferences and perceptions, and opportunities to shape the future...more

Bracewell LLP

Reinforcing the Regime: Key Updates to Arbitration in England and Wales

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The Arbitration Act 2025 (the “Act”) received Royal Assent on 24 February 2025. Its stated aim is to amend the Arbitration Act 1996, which governs arbitral claims seated in England and Wales. It marks a gentle evolution of...more

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