In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to two separate agreements that are in conflict as...more
Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the standard that courts...more
Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd Circuit U.S. Court of Appeals that includes...more
10/13/2023
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Arbitrators ,
Buyers ,
Damages ,
Earn-Outs ,
EBITDA ,
Injunctive Relief ,
International Arbitration ,
Purchase Agreement ,
Sellers
Under existing precedent in the 11th Circuit, which includes Florida, federal courts cannot overturn international arbitration awards on the ground that the arbitrators “exceeded their powers,” a frequently invoked ground for...more
The United States Supreme Court this week resolved an important issue regarding international arbitrations by ruling that, contrary to what at least two appellate courts had previously ruled, a U.S. statute that authorizes...more
Strategies to Collect International Arbitration Awards-
One of the problems that parties to international arbitration face is that the opposing party may attempt to move its assets so that if an award it entered against...more
The majority of international arbitrations are decided by three-member arbitration panels. Each party selects its “party-appointed” arbitrator, and the president or chair of the three-member panel is selected by the two...more
In cases involving contracts between U.S. companies, courts frequently allow a nonsignatory to a contract to enforce an arbitration provision in the contract against a signatory, when the signatory to the contract relies on...more
6/15/2021
/ Arbitration Agreements ,
Contract Terms ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
International Arbitration ,
Motion to Compel ,
New York Convention ,
SCOTUS ,
Subcontractors
As the U.S. Supreme Court currently considers the issue of whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), the lower courts continue to...more
Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The...more
3/30/2021
/ Amended Rules ,
Case Consolidation ,
Coronavirus/COVID-19 ,
Counterclaims ,
Cybersecurity ,
Dispositions ,
Dispute Resolution ,
E-Signatures ,
ICDR ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Joinder ,
Jurisdiction ,
Mediation ,
Third Party Funding ,
Tribunals ,
Videoconference ,
Witnesses
In our recent post, we discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more
The parties in a $238-million dispute over the construction of the third set of locks for the Panama Canal is raising issues concerning alleged conflicts of interest on the part of the International Chamber of Commerce...more
As we have discussed in previous posts, federal appeals courts in the United States are split over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C....more
The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve...more
Arbitration awards may be vacated or annulled based on arbitrator conflicts of interest and even just an appearance of impropriety. Read how different arbitrations deal with disqualification motions.
The Importance of...more
In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more
Due to uncertainties created by the pandemic, virtual hearings will continue to remain the default option in particular in domestic, international and cross border proceedings, in which in-person appearances are made...more
10/13/2020
/ Client Communication ,
Coronavirus/COVID-19 ,
Data Privacy ,
Electronic Communications ,
Evidence ,
International Arbitration ,
Online Platforms ,
Remote Hearings ,
Travel Restrictions ,
Virtual Meetings ,
Witnesses
In these series of posts, we discuss the differences that have emerged in rulings by federal appeals courts in the United States Circuits on certain issues that may affect the ability of a party in an international...more
In these series of posts, we discuss the differences that have emerged in rulings by federal appeals courts in the United States Circuits on certain issues that may affect the ability of a party in an international...more
The London Court of Arbitration (LCIA) released 2020 update to its arbitration and mediation rules (the “Rules updates”), which comes into effect on October 1, 2020. The purpose of the update is to “aim to make the arbitral...more
8/27/2020
/ Arbitration ,
Arbitration Agreements ,
Coronavirus/COVID-19 ,
Data Protection ,
E-Signatures ,
Electronic Communications ,
International Arbitration ,
LCIA ,
Remote Hearings ,
Tribunals ,
UK ,
Virtual Meetings
A uniform pronouncement of the burden of proof necessary for a party to succeed in summary disposition of a case is conspicuously absent from international arbitration today. The rules for summary disposition of cases...more