Craig R. Tractenberg

In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to

Continue Reading U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between the Parties Is Subject to Arbitration, A Court Must  Decide Which Contract Governs, Not an Arbitrator

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 Arbitrators

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 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 Interests

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 Arbitration

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 Determinations

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

Continue Reading Can An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law? 

The appeals courts for the 3rd, 4th, 7th, 10th, 11th, and D.C. Circuits have ruled that a non-frivolous appeal of

Continue Reading Does An Appeal Of A District Court’s Denial Of A Motion To Compel Arbitration Automatically Stay The Case?