The Supreme Court’s January 27, 2025 decision denying the Republic of Argentina’s petition for a writ of certiorari in Argentina v. Attestor Master Value leaves unresolved a split between the federal circuit courts over what...more
1/30/2025
/ Appeals ,
Appellate Courts ,
Argentina ,
Certiorari ,
Dispute Resolution ,
Enforcement ,
Foreign Judgments ,
Foreign Sovereigns ,
International Arbitration ,
Jurisdiction ,
Sovereign Immunity
The U.S. District Court for the District of Delawares recent decision in Landbridge Port Services (Hong Kong) Ltd. v. Notarc Port Investment LLC further deepens the split among U.S. federal courts regarding jurisdiction under...more
The Ninth Circuit’s February 6, 2024, decision denying rehearing en banc of Devas v. Antrix and upholding its earlier ruling to overturn the enforcement of a $1.3 billion arbitration award diverges significantly from the...more
The Supreme Court’s recent decision in Yegiazaryan v. Smagin opens the door for foreign plaintiffs to use the Racketeer Influenced and Corrupt Organizations Act (“RICO”) as an additional tool for collecting on international...more
8/4/2023
/ Arbitration Awards ,
Attorney's Fees ,
Domestic Injury ,
Extraterritoriality Rules ,
Foreign Arbitral Awards ,
Foreign Judgments ,
Foreign Jurisdictions ,
International Arbitration ,
Racketeering ,
RICO ,
RJR Nabisco v European Community ,
SCOTUS ,
Treble Damages ,
Yegiazaryan v Smagin
Over the last year, several Latin American countries, including Chile, Peru and Mexico, have discussed various measures that, if adopted, could materially affect the mining, energy and natural resource sectors. Shearman &...more
Over the last year, several Latin American countries, including Chile, Peru, and Mexico, have discussed various measures that, if adopted, could materially affect the mining, energy and natural resource sectors. ...more
On 26 October 2021, the Grand Chamber of the Court of Justice of the European Union (CJEU) handed down its judgment in Republic of Poland v. PL Holdings Sàrl. The CJEU ruled that EU Member States are prohibited from entering...more
On November 10, 2015, the US Court of Appeals for the Second Circuit unanimously held in a published opinion that (i) the attorney-client privilege was not waived by appellants-taxpayers who shared a group of documents,...more
On October 5, 2015, 12 nations comprising 40% of global economic activity announced the conclusion of negotiations on the Trans-Pacific Partnership. The deal promises to provide comprehensive standards for trade and...more