We 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. CourtsTrends in Project Delivery Methods in the United States
The three key measures of a construction project’s success are cost, quality and time (delays). The project delivery method that the owner of the project selects can affect each of
Continue Reading Trends in Project Delivery Methods in the United StatesCan 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
Continue Reading Can An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law?Does An Appeal Of A District Court’s Denial Of A Motion To Compel Arbitration Automatically Stay The Case?
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?The Future has Arrived – New Technologies in Construction
The construction industry has traditionally been slow to adapt to new technologies, but things are changing.
Construction companies are keen to control costs (including increased costs due to supply chain
Continue Reading The Future has Arrived – New Technologies in ConstructionNinth Circuit Rules that Federal Courts Have Jurisdiction to Enforce SummonsesIssued by Arbitrators in International Arbitrations under the New York Convention
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 ConventionThe 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 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 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 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
Challenging and Enforcing Domestic and International Arbitral Awards
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
IBA 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 Contracts and Projects”. What has changed? What’s better? What needs to be improved? What are
Continue Reading IBA Webinar on “Beyond Covid-19: Impact on Construction Contracts and Projects”