News & Analysis as of

New York Convention Arbitration Jurisdiction

Jones Day

D.C. Circuit Allows Challenge to Counsel's Authority to Enforce International Arbitration Award

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The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

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The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Foley & Lardner LLP

10th Circ. Highlights US Court Discretion On Arbitral Awards

Foley & Lardner LLP on

In Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV, a panel of judges on the U.S. Court of Appeals for the Tenth Circuitrecently held in a 2-1 decision that the U.S. District Court for the...more

Walkers

Privy Council considers the enforcement of foreign arbitral awards in the Cayman Islands

Walkers on

On 19 May 2022, the Privy Council's judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022]...more

WilmerHale

La sede y el ordenamiento aplicable en el arbitraje internacional: enfoques cruzados

WilmerHale on

El carácter global de la Convención sobre el Reconocimiento y la Ejecución de las Sentencias Arbitrales Extranjeras (Convención de Nueva York) es una de las prerrogativas típicamente destacadas dentro de las ventajas del...more

Hogan Lovells

Enforcement of Emergency Awards – India takes a leap

Hogan Lovells on

On 6 August 2021, the Indian Supreme Court ruled that awards of emergency arbitrators in India-seated arbitration would be enforceable in India. This has attracted international attention in relation to the recognition of the...more

Jackson Walker

Fifth Circuit Returns to the New York Convention to Address a Protracted Saga in International Arbitration

Jackson Walker on

For the second time this year, the United States Court of Appeals for the Fifth Circuit has issued a decision interpreting and applying the New York Convention in an international arbitration case. In the most recent...more

Carlton Fields

Eleventh Circuit Clarifies Standard for New York Convention’s Public Policy Defense to Foreign Arbitration Awards

Carlton Fields on

The dispute involved an arbitration related to alleged medical malpractice by doctors selected by Carnival Cruise Lines to treat a wrist injury of a Serbian employee of Carnival. The employee’s employment agreement with...more

Carlton Fields

Second Circuit Affirms Ruling Rejecting Lack of Notice Defense Under New York Convention Article

Carlton Fields on

Affirming the confirmation of a Chinese arbitral award under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards, the Second Circuit held that notice mailed directly to an entity is sufficient to...more

WilmerHale

Chambers Global Practice Guide: Litigation - 2019

WilmerHale on

International commerce is undergoing a period of rapid, sometimes tumultuous, change. Globalisation has created new markets, new technologies, new competition and, with them, increased demand for effective mechanisms to...more

Carlton Fields

Eleventh Circuit Reverses Order Compelling Arbitration Between Non-Signatories

Carlton Fields on

Plaintiff Outokumpu Stainless USA, LLC (“Outokumpu”) contracted with F.L. Industries, Inc. “”FLI”), a German company, to provide cold rolling mills (“CRMs”), which are used in the production of certain steel products. FLI...more

Carlton Fields

Texas Federal Court Enforces Arbitration Award Under the New York Convention Despite Jurisdictional Challenge

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Respondent argued against the confirmation of the arbitral award as it was based upon the consent of the parties, rather than a disputed hearing, which it contended made the award not subject to the New York Convention,...more

Mintz - Arbitration, Mediation, ADR...

“Ambiguity” Is Not a Basis to Deny a Petition to Enforce a Foreign Arbitration Award

The drive in the Second Circuit to clarify the rules regarding confirmation and enforcement of various types of arbitration awards continues. The latest addition is the decision in BSH Hausgerate GmbH v. Kamhi, 17 Civ. 5776,...more

K&L Gates LLP

Arbitration World

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Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more

Latham & Watkins LLP

International Arbitration Newsletter - May 2017

Latham & Watkins LLP on

On 1 March 2017 the UK Supreme Court1 overturned an order of the Court of Appeal and decided that Nigerian National Petroleum Corporation (NNPC) could not be required to provide monetary security as a condition for resisting...more

Carlton Fields

UK Supreme Court Confirms English Courts Lack Jurisdiction Under The Arbitration Act 1996 To Compel Parties To Provide Security...

Carlton Fields on

As a condition to challenging enforcement or recognition of an arbitration award, the UK Supreme Court overturned a Court of Appeal decision which imposed a $100 Million security obligation on a New York Convention arbitral...more

Morgan Lewis

An Introductory Guide to Arbitration in Asia

Morgan Lewis on

International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more

Carlton Fields

District Court Applies New York Convention, Denies Motion To Dismiss Petition To Compel Arbitration

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In late July, a New York federal court denied Harris Corporation’s (“Harris”) motion to dismiss for lack of subject-matter jurisdiction. The motion sought to dismiss HBC Solutions Inc.’s (“HBC”) Amended Petition to Compel...more

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