News & Analysis as of

New York Convention Foreign Sovereign Immunities Act of 1976 (FSIA)

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

Mintz - Arbitration, Mediation, ADR...

U.S. Enforcement of International Arbitral Awards: Is Forum Non Conveniens a Viable Defense?

Are there circumstances in which forum non conveniens is a viable defense in the U.S. to a petition to confirm an arbitration award that is subject to the Convention on the Recognition and Enforcement of Foreign Arbitral...more

Carlton Fields

D.C. Court Of Appeals Reverses Dismissal Against Czech Republic, Finding Jurisdiction Under New York Convention

Carlton Fields on

In a divided opinion, the U.S. Court of Appeals for the D.C. Circuit reversed a district court ruling that dismissed a case against the Czech Republic on jurisdictional grounds. The Appeals Court revived the case, finding the...more

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