News & Analysis as of

Federal Arbitration Act Foreign Sovereign Immunities Act of 1976 (FSIA)

The Federal Arbitration Act is a United States federal statute enacted in 1925 that governs arbitration in contracts implicating interstate commerce. The Act applies in both federal and state courts. 
Hinshaw & Culbertson - Insights for Insurers

The Second Circuit May Well Reconsider Reverse-Preemption of The New York Convention by the McCarran-Ferguson Act

A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act...more

Seward & Kissel LLP

In Groundbreaking Decision, Second Circuit Harmonizes Service Requirements Under the Federal Arbitration Act, the New York...

Seward & Kissel LLP on

On October 3, 2022, in Commodities & Minerals Enterprise Ltd. v. CVG Ferrominera Orinoco, C. A., the Second Circuit Court of Appeals resolved a novel question of first impression in favor of petitioner Commodities & Minerals...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Dorsey & Whitney LLP

The Supreme Court - June 25, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Ohio v. American Express Co., No 16-1454: American Express (Amex), like all credit-card companies, operates a transaction network that serves two groups:...more

Dorsey & Whitney LLP

The Supreme Court - May 21, 2018

Dorsey & Whitney LLP on

The Supreme Court of the United States issued two decisions today: Epic Systems Corp. v. Lewis, No. 16-285: Three cases from three different circuits – the Fourth Circuit, Seventh Circuit, and Ninth Circuit – all...more

Mintz - Arbitration, Mediation, ADR...

When Seeking to Enforce an ICSID Arbitration Award Against a Foreign Sovereign, Think FSIA First

An ex parte proceeding in a U.S. court to “recognize,” “enforce,” or “confirm” an arbitration award against a foreign sovereign is improper. The U.S. Court of Appeals for the Second Circuit issued a lengthy and instructive...more

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