In May 2024, the U.S. Supreme Court decided an issue that has divided the federal courts of appeals. When the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the action, or can it only stay the action pending resolution…
Continue Reading The U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One Party Requests ItU.S. Supreme Court to Decide Whether the Palestinian Authority Can Be Sued In the United States for Terror Attacks in Israel
The United States Supreme Court may soon decide whether U.S. victims of terrorist attacks in…
Continue Reading U.S. Supreme Court to Decide Whether the Palestinian Authority Can Be Sued In the United States for Terror Attacks in IsraelIRS Provides Additional Extensions for Taxpayers Affected by Terrorist Attacks in Israel
The IRS is extending relief for individuals and businesses affected by terrorism in the State…
Continue Reading IRS Provides Additional Extensions for Taxpayers Affected by Terrorist Attacks in IsraelU.S. Supreme Court to Decide Damages Issue in Trademark Dispute Involving Construction Engineering Firm
Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again…
Continue Reading U.S. Supreme Court to Decide Damages Issue in Trademark Dispute Involving Construction Engineering FirmSubscribe to Global Dispute Resolution Insights
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U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One Party Requests It
The U.S. Supreme Court has decided an issue concerning cases that are subject to arbitration that has divided the federal courts of appeals: when the claims at issue in a…
Continue Reading U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One Party Requests ItLitigants in Two Major International Arbitrations Ask the Supreme Court to Review the Standard for Showing “Evident Partiality” By Arbitrators
Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the…
Continue Reading Litigants in Two Major International Arbitrations Ask the Supreme Court to Review the Standard for Showing “Evident Partiality” By ArbitratorsAnother Petition to U.S. Supreme Court Seeks Review of the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of Interests
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…
Continue Reading Another Petition to U.S. Supreme Court Seeks Review of the Standard Governing the 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 of the third set of locks for the Panama Canal is asking the United States…
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 Authority to 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 to arbitration that has divided the federal appeals courts: when the claims at issue in…
Continue Reading U.S. Supreme Court to Decide Whether Federal Courts Have Authority to 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)
Legislation, which Gov. Kathy Hochul signed into law on November 17, 2023, provides that:
retainage…
Continue Reading New York Caps Retainage at 5% On Private Construction Projects, Permits Contractors to Submit Final Invoice Upon Substantial CompletionUnderstanding 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?About 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.