The standard that courts should apply in deciding whether to vacate an arbitration award based on arbitrator conflicts of interest is drawing increased focus in appeals to the United States Supreme Court.
As this blog recently discussed, a consortium that was on the losing side of a $238-million arbitration over…
Continue Reading Another Petition to U.S. Supreme Court Seeks Review of the Standard Governingthe Vacatur of Arbitration Awards Based on Arbitrator Conflicts of InterestsConsortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of Interests
A consortium that was on the losing side of a $238-million arbitration over the construction…
Continue Reading Consortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of InterestsU.S. Supreme Court to Decide Whether Federal Courts Have Authorityto Dismiss, Rather than Stay, Cases that Are Subject to Arbitration
The U.S. Supreme Court has agreed to decide an issue concerning cases that are subject…
Continue Reading U.S. Supreme Court to Decide Whether Federal Courts Have Authorityto Dismiss, Rather than Stay, Cases that Are Subject to ArbitrationNew York Caps Retainage at 5% On Private Construction Projects, Permits Contractors to Submit Final Invoice Upon Substantial Completion
New York has made changes to its Prompt Payment Act (N.Y. Gen. Bus. Law §756)…
Continue Reading New York Caps Retainage at 5% On Private Construction Projects, Permits Contractors to Submit Final Invoice Upon Substantial CompletionSubscribe to Global Dispute Resolution Insights
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Understanding the Differences in the Enforcement of Arbitration Awards and Expert Determinations
Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd…
Continue Reading Understanding the Differences in the Enforcement of Arbitration Awards and Expert DeterminationsWe review four major decisions relating to U.S. arbitration that have been decided by the U.S. Court of Appeals, the U.S. Supreme Court or have been granted certiorari.[1]
In…
Continue Reading A Review of Leading Developments in U.S. CourtsCan An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law?
Under existing precedent in the 11th Circuit, which includes Florida, federal courts cannot overturn international arbitration awards on the ground that the arbitrators “exceeded their powers,” a frequently invoked ground…
Continue Reading Can An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law?Does An Appeal Of A District Court’s Denial Of A Motion To Compel Arbitration Automatically Stay The Case?
The appeals courts for the 3rd, 4th, 7th, 10th, 11th, and D.C. Circuits have ruled that a non-frivolous appeal of a district’s court’s denial of a motion to compel arbitration…
Continue Reading Does An Appeal Of A District Court’s Denial Of A Motion To Compel Arbitration Automatically Stay The Case?Ninth Circuit Rules that Federal Courts Have Jurisdiction to Enforce SummonsesIssued by Arbitrators in International Arbitrations under the New York Convention
Reversing a district court decision, the U.S. Court of Appeals for the 9th Circuit recently ruled that federal district courts have jurisdiction to enforce a summons issued by arbitrators in…
Continue Reading Ninth Circuit Rules that Federal Courts Have Jurisdiction to Enforce SummonsesIssued by Arbitrators in International Arbitrations under the New York ConventionThe Supreme Court Slams the Door on the Use of Federal Courts to Obtain Discovery in Aid of Foreign and International Arbitrations Before Private, Non-Governmental Adjudicatory Bodies
The United States Supreme Court this week resolved an important issue regarding international arbitrations by ruling that, contrary to what at least two appellate courts had previously ruled, a U.S.
Continue Reading The Supreme Court Slams the Door on the Use of Federal Courts to Obtain Discovery in Aid of Foreign and International Arbitrations Before Private, Non-Governmental Adjudicatory BodiesU.S. Supreme Court Rules That Petitions to Confirm or Vacate Arbitration Awards Cannot Be Brought In Federal Court Simply Because the Underlying Dispute Involves a Federal Question
The U.S. Supreme Court has ruled that, unlike petitions to compel arbitration, petitions to confirm or vacate an arbitration award cannot be brought in federal court simply because the underlying…
Continue Reading U.S. Supreme Court Rules That Petitions to Confirm or Vacate Arbitration Awards Cannot Be Brought In Federal Court Simply Because the Underlying Dispute Involves a Federal QuestionChallenging and Enforcing Domestic and International Arbitral Awards
Sarah Biser and Craig Tractenberg presented a webinar on April 7, 2022 at 12 pm entitled “Challenging and Enforcing Domestic and International Arbitral Awards.” Contact us at sbiser@foxrothschild.com and/or ctractenberg@foxrothschild.com…
Continue Reading Challenging and Enforcing Domestic and International Arbitral AwardsDispute Review Boards: Overview
Problems, disagreements and claims arise in most large and complex construction projects regardless of the project delivery method — design-build, design-bid-build, construction manager at risk, construction…
Continue Reading Overview of Dispute Review Boards in the Construction ProcessAbout this Blog
The attorneys of Fox Rothschild’s International Arbitration Practice are experienced in assisting companies, investors and national entities in an array of complex disputes that can arise in international jurisdictions.