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International Litigation Arbitration

A&O Shearman

Costs order or damages: how should costs of anti-suit and anti-enforcement injunctions be recovered?

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In an unusual approach to cost recovery, Airbus has successfully applied for an order that costs incurred in proceedings before the English courts for final anti-suit and anti-enforcement injunctions be reserved so that it...more

Jones Day

D.C. Circuit Allows Challenge to Counsel's Authority to Enforce International Arbitration Award

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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

Mayer Brown

Russia: Investment Protection and Arbitration | Part 4

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PART 4: JURISDICTIONAL BATTLEGROUND IN DISPUTES WITH SANCTIONED RUSSIAN PERSONS  - In a wave of recent decisions, including in proceedings involving a number of Western banks, the Russian courts have disapplied the...more

Cranfill Sumner LLP

No Second Bite at the Arbitration Apple: How the Fourth Circuit Appeals Court Steadfastly Affirms the Recognition & Enforcement of...

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Companies that are successfully expanding their business beyond the United States or aiming to grow their business globally may find that understanding the world of international arbitration can be a valuable tool for...more

A&O Shearman

Arbitration clause triumphs over Russian court proceedings

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In the latest anti-suit case relating to Russia, the English High Court has made permanent an anti-suit injunction (ASI) and anti-enforcement injunction (AEI) preventing a Russian bank from pursuing litigation in Russia in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Rising Challenges in Arbitration: Post-Award Bias Allegations and the Evolving Standards of Conflict Disclosure

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

Skadden, Arps, Slate, Meagher & Flom LLP

The Chagos Arbitration: An Education in Estoppel

Years ago, when I was a law student in a moot court competition, our imaginary client was in need of an argument. Factually and legally, our side had been put in one of those tight corners for which the Jessup Moot is...more

White & Case LLP

Two courts confirm the logical limits of the validation principle

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Courts in Paris and The Hague have recently refused to enforce awards from the same arbitration. These decisions confirm the logical limits to the pro-arbitration principle that arbitrators and courts should seek to uphold...more

JAMS

How International Commercial Arbitration Can Be More Efficient, Speedier, and Less Costly

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International commercial arbitration is often and accurately criticized for being too slow and expensive. However, delays and exorbitant costs in these cases are not inevitable; they are the result of intentional but...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

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

A&O Shearman

United Kingdom Supreme Court Clarifies When Court Proceedings Will Be Stayed in Favour of Arbitration

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The U.K. Supreme Court has recently clarified the English courts’ power under Section 9 of the Arbitration Act 1996 (“Section 9”) to stay proceedings which are properly the subject of an arbitration agreement....more

A&O Shearman

UK Russia sanctions: back in the spotlight

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Sanctions and the systems and controls companies have in place to comply with them seem to be back in the spotlight. In addition to guidance recently published by the UK Financial Conduct Authority, a number of recent...more

Foley & Lardner LLP

What Every Multinational Company Should Know About . . . the International Arbitration Clause in Its Contract

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International arbitration provides a binding, neutral, and consensual process for resolving contractual disputes between parties, often resulting in resolutions that are quicker, cheaper, more private, and more controllable...more

White & Case LLP

Qatar Financial Centre: Court Clarifies its Jurisdiction in relation to Arbitrations seated in Qatar

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A recent court case by the Civil and Commercial Court of the Qatar Financial Centre clarified the Court's jurisdiction to support arbitrations seated in Qatar. Parties not established in the Qatar Financial Centre must agree...more

Venable LLP

UK Signs Singapore Convention on International Mediation Settlement Agreements

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In a move that reflects the ongoing intention of the United Kingdom's Government to strengthen the country's status as a hub for commercial dispute resolution, the UK signed the United Nations Convention on International...more

Morgan Lewis

United Kingdom to Sign Singapore Convention on Mediation

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Following a consultation, the UK government announced it will sign the Singapore Convention, thereby renewing its commitment to international commercial mediation and the United Kingdom’s position as a world-leading center...more

Troutman Pepper

Federal Court Further Narrows 28 U.S.C. § 1782 Application Following Landmark SCOTUS Decision

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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

Morgan Lewis

English and Dubai Courts Take Steps to Develop Enforcement Reciprocity

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A new direction from the UAE Ministry of Justice will allow courts in Dubai to enforce judgments and orders issued by English courts. The United Arab Emirates (UAE) and English governments have never entered into a...more

White & Case LLP

Aviation Arbitration Center with Global Reach Launches In The Hague

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A new court of arbitration and center for mediation for the global aviation sector has been established in The Hague, a longstanding seat of arbitration and international dispute resolution, including the Permanent Court of...more

Proskauer - Minding Your Business

Head-to-Head: Comparing Three Arbitration Regimes for US Based Asset Managers

The choice of arbitration institution can arise at any point in an investment cycle: from finalising initial agreements at fund or portfolio company level, or on an ad hoc basis when a dispute arises....more

King & Spalding

SCCA and Ministry of Justice confirm parties’ freedom to choose international counsel representatives in Saudi seated arbitrations

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In conjunction with the Ministry of Justice of the Kingdom of Saudi Arabia (“KSA”), the Saudi Centre for Commercial Arbitration (“SCCA”) conducted a study into KSA legislation and confirmed that parties to Saudi arbitration...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

The Volkov Law Group

The Supreme Court Restricts Access to Discovery in Foreign Arbitration Proceedings

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Anyone involved in civil litigation in the United States knows that U.S. courts permit broad discovery, in contrast to many foreign tribunals with narrower discovery rules. What foreign litigants may not know is that, under...more

A&O Shearman

The United States Supreme Court Holds that 28 U.S.C. § 1782 Does not Encompass Arbitral Tribunals

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On June 13, 2022, the Supreme Court issued its opinion in ZF Automotive US, Inc., et al., v. Luxshare, Ltd....more

Foley Hoag LLP

Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

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On June 13, 2022, the U.S. Supreme Court decided whether 28 U.S.C. § 1782 – a provision of U.S. law that allows a federal district court to compel a resident individual or company to provide discovery for use “in a proceeding...more

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