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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. statute that authorizes federal courts to order discovery “for use in a proceeding in a foreign or international tribunal” does…
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…
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”The Latest
Sarah Biser and Craig Tractenberg will be presenting a webinar on hop topics on international litigation and arbitration on thursday, November 4, 2021 at 12 pm eastern.. You can register…
Continue Reading Overview of International Litigation and ArbitrationOksana 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 Awards