Lea Haber Kuck

Lea Haber Kuck

Skadden, Arps, Slate, Meagher & Flom LLP

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"PEMEX and US Enforcement of Foreign Arbitration Awards Nullified in Their 'Home' Courts"

One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more

2/8/2017 - Arbitration Arbitration Awards Court Nullification Foreign Investment International Arbitration Panama Convention PEMEX Post-Judgment Enforcement Actions Sovereign Immunity

"Business and Human Rights Movement Spurs Development of Remedial Options"

In the emerging area of business and human rights, the endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the U.N. Human Rights Council five years ago marked a watershed event. The...more

2/8/2017 - Alien Tort Statute Arbitration Human Rights Human Rights Tribunals Judicial Remedies Kiobel v. Royal Dutch Petroleum Co. Public Policy Remedies Treaties United Nations

In Chinese Investment Treaties, Questions Arise on Who Qualifies for Protection

Despite recent criticism from some quarters concerning the use of investment treaties and free trade agreements, the Chinese investment treaty system remains firmly in place. Since 1982, the People's Republic of China (PRC)...more

2/6/2017 - Bilateral Investment Treaties China Expropriation Hong Kong ICSID International Arbitration International Litigation Investor Protection Jurisdiction Macau Singapore UNCITRAL

US Supreme Court to Decide Whether Foreign Defendants May Be Served by Mail

The U.S. Supreme Court has decided to review a key issue concerning service abroad of process on foreign defendants — namely, whether foreign defendants may be served by mail. The case, Menon v. Water Splash, Inc., marks the...more

1/24/2017 - Foreign Defendants Hague Convention International Litigation SCOTUS Service by Mail Service of Process Split of Authority Water Splash v Menon

New York Court of Appeals Finds 'Repeated, Deliberate Use' of Correspondent Account Sufficient to Establish Personal Jurisdiction...

In a decision that has implications for non-U.S. financial institutions with correspondent accounts in New York, a closely divided New York Court of Appeals held on November 22, 2016, that the “[r]epeated, deliberate use [of...more

12/6/2016 - Appeals Bribery Foreign Banks International Litigation Kickbacks Long Arm Statute Money Laundering Personal Jurisdiction Purposeful Availment Test White Collar Crimes

Challenging Arbitrators for Alleged 'Conflict of Interest' in US-Based International Arbitrations

A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more

10/13/2016 - Arbitration Awards Arbitrators Argentina Bilateral Investment Treaties Conflicts of Interest Corporate Counsel Evidence Federal Arbitration Act Impartiality International Arbitration Investors Motion to Vacate Standard of Review UK UNCITRAL Young Lawyers

"US Supreme Court Continues to Limit Extraterritorial Application of US Laws"

Adding to a line of decisions limiting the extraterritorial application of U.S. statutes, the U.S. Supreme Court yesterday issued its decision in RJR Nabisco v. European Community. In a 4-3 decision, the Court held that to...more

6/22/2016 - Domestic Injury EU Extraterritoriality Rules Foreign Sovereigns Private Right of Action RICO RJR Nabisco v European Community SCOTUS

"The Trans-Pacific Partnership and What It Means for Pre-Existing Treaties"

On November 5, 2015, after seven years of high-stakes negotiations, the Office of the United States Trade Representative released the draft Trans-Pacific Partnership (TPP), a proposed free trade agreement among the United...more

1/23/2016 - Expropriation Foreign Investment International Arbitration International Litigation International Treaties Trade Promotion Authority Trans-Pacific Partnership

"Expropriation Damages in Cases Involving Investment Treaties"

Most investment treaties assure investors that, in the event of expropriation, they will receive compensation based on the market value of the enterprise at the time of seizure (excluding the negative valuation effects of any...more

1/21/2016 - Bilateral Investment Treaties Breach of Contract Damages Expropriation International Arbitration International Litigation UNCITRAL

"Challenging the Selection of Party-Appointed Arbitrators"

As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more

1/20/2016 - Arbitration Arbitration Awards Arbitrators Conflicts of Interest Federal Arbitration Act Impartiality International Arbitration UNCITRAL

"Key Takeaways: Back to Basics - A Primer on the Differences Between Litigating and Arbitrating International Disputes"

Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more

1/16/2016 - Arbitration Arbitration Awards Choice of Court Agreements Treaty Discovery Dispute Resolution Enforcement Hague Convention International Arbitration International Litigation New York Convention UNCITRAL Young Lawyers

"New York Courts and International Arbitration Tribunals Take Varying Approaches to Corruption Issues in Commercial Disputes"

When faced with questions of corruption in a commercial dispute, New York courts and international arbitration tribunals have historically taken different approaches. In particular, questions often arise pertaining to...more

10/1/2015 - Arbitration Awards Burden of Proof Conflicts of Laws Contract Disputes Corruption Dispute Resolution Foreign Judgments International Arbitration International Litigation NY Supreme Court

"The 'Law 42' Arbitrations Against Ecuador and the Importance of BIT Language"

Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more

2/7/2015 - Arbitration Bilateral Investment Treaties Ecuador Expropriation Foreign Investment Foreign Jurisdictions ICSID Oil & Gas UNCITRAL Windfall Tax

Recent Cases Are Likely to Reduce the Use of New York Courts for 'Turnover' Actions"

New York's position as a global financial center means litigants often have sought to use New York courts as a forum to enforce judgments or arbitration awards against foreign entities. In reality, the burden of enforcement...more

2/6/2015 - Arbitration Awards DaimlerChrysler v Bauman Financial Institutions Foreign Judgments Forum International Arbitration International Litigation Judgment Debtors Motorola Personal Jurisdiction Separate Entity Rule

"US Supreme Court Further Limits Jurisdictional Reach of the US Courts Over Foreign Torts"

The U.S. Supreme Court began 2014 by issuing a decision limiting the ability of plaintiffs to assert tort claims against foreign corporations in the U.S. courts based on events occurring outside the United States. In Daimler...more

1/24/2014 - Alien Tort Statute DaimlerChrysler v Bauman Foreign Corporations International Litigation Jurisdiction Multinationals SCOTUS Securities Exchange Act

"New York’s Highest Court Refuses to Allow Judgment Enforcement Against International Bank Subsidiaries"

This week, the New York Court of Appeals, New York’s highest state court, issued a unanimous opinion in Commonwealth of the Northern Mariana Islands v. Canadian Imperial Bank of Commerce, 2013 N.Y. Slip Op. 03018 (N.Y. Apr....more

5/3/2013 - Foreign Banks Judgment Creditors Subsidiaries

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