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. CourtsCan 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?Ninth 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 ConventionU.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
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
Continue Reading Overview of International Litigation and Arbitration
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
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
U.S. Supreme Court Agrees to Review Whether Federal Courts Can Order Discovery in Aid of Private International Arbitrations under 28 U.S.C. 1782(a)
In our recent post, we discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of
Continue Reading U.S. Supreme Court Agrees to Review Whether Federal Courts Can Order Discovery in Aid of Private International Arbitrations under 28 U.S.C. 1782(a)
LCIA Releases Update To Its Arbitration Rules
The London Court of Arbitration (LCIA) released 2020 update to its arbitration and mediation rules (the “Rules updates”), which comes into effect on October 1, 2020. The purpose of the
Continue Reading LCIA Releases Update To Its Arbitration Rules