News & Analysis as of

Foreign Sovereign Immunities Act of 1976 (FSIA) Arbitration

WilmerHale

D.C. Circuit Resolves District Court Split on the Enforcement of Intra-EU Investment-Treaty Awards in the United States

WilmerHale on

In a highly anticipated ruling published last month, the U.S. Court of Appeals for the D.C. Circuit ruled in NextEra Energy v. Spain that U.S. district courts have jurisdiction to enforce arbitral awards issued in intra-EU...more

A&O Shearman

From Absolute Immunity to Restrictive Immunity - The implication of the Foreign State Immunity Law on cross-border disputes in the...

A&O Shearman on

The long-standing practice to adopt the principle of absolute foreign state immunity by the People’s Republic of China (the PRC) and Hong Kong is coming to an end as the PRC’s Foreign State Immunity Law (the FSIL) is coming...more

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

Carlton Fields

Third Circuit Affirms Judgment Allowing Creditors of Venezuela Who Obtained Arbitration Awards to Attach U.S. Assets of...

Carlton Fields on

The Third Circuit Court of Appeals has again allowed creditors of Venezuela to attach assets belonging to Venezuela’s national oil company to satisfy arbitration awards against Venezuela. The Third Circuit rejected...more

Seyfarth Shaw LLP

Foreign Governments Contracting for Construction in the United States: Navigating the Foreign Sovereign Immunities Act

Seyfarth Shaw LLP on

Foreign states and their agencies engage in a variety of construction projects in the United States, all of which are subject to the Foreign Sovereign Immunities Act (“FSA”)....more

Orrick, Herrington & Sutcliffe LLP

Foreign Sovereign Immunity Act (FSIA) - The World in U.S. Courts: Summer - Fall 2018

FSIA "Commercial Activity" Exception Applies to Transportation of Submarine Loaned to Australian National Museum at Nominal Cost - Anderson Trucking Service, Inc. v. Eagle Underwriting Group, Inc., US District Court for...more

Orrick, Herrington & Sutcliffe LLP

Arbitration - The World in U.S. Courts: Summer - Fall 2018

FSIA Precludes Enforcement of Arbitral Award Against Property Held by the Government of India Outside the US - Hardy Exploration & Production (India), Inc. v. Government of India, US District Court for the District of...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

Orrick, Herrington & Sutcliffe LLP

The World in U.S. Courts - Winter 2018

French Bank Whose Transactions Benefitted Sudan Generally, But Were Not Otherwise Related To The Commission Of Terrorist Acts Supported By Sudan, Could Not Have Violated ATA And ATS....more

Orrick, Herrington & Sutcliffe LLP

The World In U.S. Courts - Summer 2017

Bolivarian Republic of Venezuela v. Helmerich & Payne International Drilling Co., US Supreme Court, May 1, 2007 - Plaintiff Helmerich & Payne (H&P), a supplier of drilling equipment, sued Venezuela to obtain compensation...more

Proskauer - Minding Your Business

SCOTUS Puts an End to Ecuador’s Appeal of $96 Million Arbitration Award in Favor of Chevron

A long-running dispute between Chevron and Ecuador appears to have reached its end after the Supreme Court declined to take up Ecuador’s question of whether United States courts had jurisdiction to confirm a $96 million...more

King & Spalding

Establishing the Application of The Foreign Sovereign Immunities Act’s Arbitration Exception

King & Spalding on

On October 7, 2015, the United States Court of Appeals for the District of Columbia Circuit issued the mandate on its opinion affirming the judgment of the United States District Court for the District of Columbia confirming...more

Carlton Fields

Federal Circuit Enforces Arbitration Award, Rejects Foreign Sovereign’s Immunity Challenge

Carlton Fields on

In 1973, Chevron and Ecuador signed an agreement allowing Chevron to develop oil fields in Ecuador. Years later, litigation ensued and eventually Chevron commenced an arbitration action before a tribunal in the Hague. Ecuador...more

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