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Supreme Court of the United States Bilateral Investment Treaties

The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary... more +
The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term.  The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -
Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

King & Spalding

SDNY Rules Section 1782 Discovery Unavailable for Use in ICSID Arbitration

King & Spalding on

On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as a “foreign or international tribunal” within the...more

Foley & Lardner LLP

Second Circuit Holds that Arbitration Pursuant to Bilateral Investment Treaty Constitutes “Foreign or International Tribunal”...

Foley & Lardner LLP on

The Second Circuit held on July 15, in AlixPartners,that an ad hoc private arbitration proceeding between a disgruntled Russian investor and Lithuania, pursuant to a treaty between these two nations, constituted a “foreign or...more

Latham & Watkins LLP

International Arbitration Newsletter - June 2014

Latham & Watkins LLP on

In This Issue: -The ABCs of Arbitrating Outside of the New York Convention - Leading International Arbitration Partner Joins Latham & Watkins in Paris - US Supreme Court Revives International Arbitration...more

Carlton Fields

Supreme Court Holds That Arbitrators, Not Courts, Are To Interpret A Treaty’s Arbitration Prerequisite

Carlton Fields on

The United States Supreme Court has held that arbitrators, not courts, bear the primary responsibility for interpreting and applying a local litigation requirement of an investment treaty between the United Kingdom and...more

Troutman Pepper

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

Troutman Pepper on

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

Bilzin Sumberg

U.S. Supreme Court Reinstates $185 Million International Arbitration Award - Court Reaffirms Arbitral Preconditions Presumptively...

Bilzin Sumberg on

In a much anticipated opinion, on March 5, 2014, the U.S. Supreme Court decided 7-2 to reverse the lower court and revive a $185 million arbitration award in BG Group PLC v. Republic of Argentina. The case began under the...more

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