Problems, disagreements and claims arise in most large and complex construction projects regardless of the project delivery method — design-build, design-bid-build, construction manager at risk, construction
Continue Reading Overview of Dispute Review Boards in the Construction Process
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 Arbitration
Sarah Biser will be speaking at GAR Connect: Atlanta 2021 on September 13, 2021 regarding the considerations involved in challenging the partiality of an arbitrator – GAR Live: Would you
Continue Reading Sarah Biser will be speaking at GAR Connect: Atlanta 2021
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
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 Awards
Governor 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 Judgments
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
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)