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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 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 dispute involves a federal question. The Supreme Court’s 8-1 decision in Badgerow v. Walters, 2022 WL 959675 (U.S. March…
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…
Continue Reading Challenging and Enforcing Domestic and International Arbitral AwardsIBA Webinar on “Beyond Covid-19: Impact on Construction Contracts and Projects”
Sarah Biser will be speaking at an IBA Webinar on “Beyond COVID-19: Impact on Construction…
Continue Reading IBA Webinar on “Beyond Covid-19: Impact on Construction Contracts and Projects”Dispute Review Boards: Overview
Problems, disagreements and claims arise in most large and complex construction…
Continue Reading Overview of Dispute Review Boards in the Construction ProcessThe Latest
Oksana Wright Will Be Speaking At XIII ABA Conference on the Resolution of CIS-Related Business Disputes in Moscow, Russia
International Arbitration and Cross-Border Insolvency – Common Scenarios Encountered by Practitioners
When:
September 22, 2021
Hosted By:
ABA International Law Section and Russian Arbitration Association
People:
Oksana G. Wright
Location:…
Delaware Federal Court Must Abide By The Parties Decision To Delegate The Arbitrability Of The Dispute To The Arbitrator Even If The Arbitration Agreement Is Irrelevant To The Dispute
Strategies to Collect International Arbitration Awards
One of the problems that parties to international arbitration face is that the opposing party may attempt to move its assets so that if…
Continue Reading Strategies to Collect International Arbitration AwardsSelecting a Party-Appointed Arbitrator in International Arbitration – a Primer
Objectives and Considerations
The majority of international arbitrations are decided by three-member arbitration panels. Each party selects its “party-appointed” arbitrator, and the president or chair of the three-member panel is…
Continue Reading Selecting a Party-Appointed Arbitrator in International Arbitration – a PrimerU.S. Supreme Court Declines to Review Whether the Federal Arbitration Act Forecloses Public-Policy Challenges to Arbitration Awards
For the second time in four years, the U.S. Supreme Court has declined to resolve an arbitration-related issue that state and federal courts have been wrestling with over the last…
Continue Reading U.S. Supreme Court Declines to Review Whether the Federal Arbitration Act Forecloses Public-Policy Challenges to Arbitration AwardsGovernor Andrew Cuomo signed into law on June 14 legislation that amended Article 53 of the New York Civil Practice Law and Rules (“CPLR”), changing the rules regarding the state’s…
Continue Reading N.Y. Amends Law on Recognition of Foreign JudgmentsIn cases involving contracts between U.S. companies, courts frequently allow a nonsignatory to a contract to enforce an arbitration provision in the contract against a signatory, when the signatory to…
Continue Reading A Review: State-Law Principles Allowing A Nonsignatory to Enforce an Arbitration Provision Against a Signatory May Be Applied to International Contracts Governed by the New York ConventionThe Supreme Court has granted certiorari on an issue involving domestic arbitration that has divided the federal courts of appeal (Badgerow v. Walters, Docket No. 20-1143):
Do federal…
Continue Reading Update on Badgerow Petition for Certiorari: Supreme Court to Review Standard for Determining Federal Court Jurisdiction Over Motions to Confirm or Vacate Arbitration AwardsAs the U.S. Supreme Court currently considers the issue of whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), the…
Continue Reading The D.C. District Court Allows State Sponsored Tribunal to Seek Discovery in Federal Court under 28 USC § 1782(a)