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
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Arbitration
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…
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Overview of Dispute Review Boards in the Construction Process
Dispute Review Boards: Overview
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…
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Overview of International Litigation and Arbitration
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…
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Oksana Wright Will Be Speaking At XIII ABA Conference on the Resolution of CIS-Related Business Disputes in Moscow, Russia
International Arbitration and Cross-Border Insolvency – Common Scenarios Encountered by Practitioners
Delaware Federal Court Must Abide By The Parties Decision To Delegate The Arbitrability Of The Dispute To The Arbitrator Even If The Arbitration Agreement Is Irrelevant To The Dispute
The topic of whether an arbitrator or a court should decide the question of arbitrability has been the subject of long-standing debate among international scholars and practitioners. In First Options of Chicago Inc. v. Kaplan, the Supreme Court stated the general rule that “[c]ourts should not assume that the parties agreed to arbitrate arbitrability unless there is ‘clear and unmistakabl[e]’ evidence that they did so.” 514 U.S. 938. But what constitutes clear and unmistakable evidence of the intent to arbitrate arbitrability?
The U.S. District Court for the District of Delaware recently provided an example of an arbitration clause that contains such “clear and unmistakable” evidence to delegate questions of arbitrability to an arbitrator. In Nidec Corporation v. Seagate Technology LLC, Civ. Action No. 21-52 (D. Del. July 20, 2021), Nidec Corporation (“Nidec”) brought a patent infringement action against Seagate Technology LLC (“Seagate”) and other defendants. Seagate, relying on the arbitration clause in the parties’ agreement, moved to compel arbitration. Seagate argued that the arbitration clause requires the Court to delegate to an arbitrator the decision whether the agreement applies to the claims at issue. Seagate relied on the following language in the agreement:
If the parties are unable to resolve any dispute, controversy or claim arising out of or relating to this Agreement, including the formation, interpretation, breach or termination thereof, whether the dispute, controversy or claim asserted is able to be arbitrated … then either party will have the option to request that the dispute be finally determined by arbitration in accordance with the JAMS International Arbitration Rules.
Nidec argued that it only agreed to arbitrate disputes that arise under the agreement and Seagate should not be allowed to compel arbitration by declaring that each dispute between the parties is a dispute arising out of or relating to the agreement.
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Strategies to Collect International Arbitration 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…
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Selecting a Party-Appointed Arbitrator in International Arbitration – a Primer
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…
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U.S. Supreme Court Declines to Review Whether the Federal Arbitration Act Forecloses Public-Policy Challenges to Arbitration Awards
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…
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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
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…
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