Foreign Arbitration Clauses

News & Analysis as of

U.S. Courts Continue to Deny Class Plaintiffs’ Attempts to Bring Foreign Law Actions in U.S. Courts to Recover for Potential...

As we have mentioned previously, in the wake of Morrison v. National Australia Bank, securities plaintiffs are no longer able to assert claims under the U.S. securities laws to recover potential losses for transactions that...more

Competing Dispute Resolution Clauses Between Settlement Agreement And Underlying Contract

There is a presumption that parties intend for all disputes arising out of a particular relationship to be resolved in a single forum, and, as Monde Petroleum SA v WesternZagros Ltd [2015] EWHC 67 (Comm), 22 January 2015...more

In re Application of Owl Shipping: Does § 1782 permit discovery to aid foreign arbitral proceedings?

The District of New Jersey has issued a recent opinion highlighting a potential resource for parties engaged in foreign arbitral proceedings – the use of 28 U.S.C. § 1782, which allows parties engaged in foreign proceedings...more

Revisiting the New York Convention as Burundi Becomes its 150th Signatory

In recognition of the ever-increasing importance of international arbitration as a method of resolving international commercial disputes, Burundi recently became the 150th country to adopt the New York Convention on the...more

Supreme Court Holds That Courts Must Defer To Arbitrators In First Case Addressing International Investment Treaty Arbitration

On March 5, 2014, the United States Supreme Court decided BG Group, PLC v. Republic of Argentina, the first case in which the Court addressed an international investment treaty arbitration (a case between a private investor...more

DISPUTE RESOLUTION: International Arbitration: Why Where Matters: The Seat of Arbitration in International Energy Contracts

The Seat of Arbitration and the New York Convention - The June 2012 issue of the King & Spalding Energy Newsletter included an article summarizing "Tips for Arbitration Agreements in International Energy Contracts."...more

Top 10 Strategic Considerations When Drafting Dispute Resolution Clauses in Cross-Border Contracts

Parties to the growing number of cross-border transactions should anticipate the inevitable cross-border disputes and specify the methods for dispute resolution in advance. International arbitration offers two key...more

Enforcement of arbitral awards in the UAE

What has happened? Arbitration in the UAE has experienced tremendous growth in recent years, with both domestic and international users increasingly drawn to many of its advantages over conventional court litigation....more

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