Craig R. Tractenberg

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 Convention

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 Bodies

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 Question

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 Awards

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 Awards

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 Primer

In 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 Convention

The 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

As 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)