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Eleventh Circuit Joins Its Sister Circuits in Holding that the FAA’s Grounds for Vacating Domestic Awards Are Available to...

We recently wrote about the Eleventh Circuit’s May 2022 decision in Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A. (AICSA v. HSR), holding that FAA grounds for vacating domestic arbitration awards are not available...more

Northern District of California Decertifies Class Under Comcast Due to Inadequacy of Damages Model

In Freitas v. Cricket Wireless, LLC, the United States District Court for the Northern District of California recently decertified a class because of a “critical” mistake in Plaintiff’s damages model that rendered it...more

Supreme Court Makes It Easier to Establish a Waiver of Arbitration through a Pursuit of Litigation

On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act’s (FAA) “policy favoring arbitration” does not allow federal courts to create arbitration-specific federal procedural rules....more

Questioning Disgorgement Remedies in Light of the U.S. Supreme Court’s AMG Capital Management, LLC v. FTC Decision

In a unanimous decision in AMG Capital Management, LLC v. FTC, the U.S. Supreme Court held that the Federal Trade Commission (FTC) lacks authority under Section 13(b) of the FTC Act to seek restitution or disgorgement. The...more

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

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

Supreme Court to Decide Whether U.S. Courts Can Compel U.S. Discovery for Use in Foreign Private Commercial Arbitrations under 28...

The Supreme Court granted a petition for a writ of certorari in Servotronics Inc. v. Rolls Royce PLC et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020) and will have the opportunity to resolve an important...more

Supreme Court to Decide Whether Reference to Injunctive Relief in Arbitration Clause Gives Court Power to Rule on Arbitrability of...

Last month the Supreme Court granted a petition for a writ of certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. and will take up, in its next term, yet another issue of pressing importance for commercial...more

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