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Selecting A Party-Appointed Arbitrator In International Arbitration – A Primer

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

A Review: State-Law Principles Allowing A Nonsignatory To Enforce An Arbitration Provision Against A Signatory May Be Applied To...

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

Update On Badgerow Petition For Certiorari: Supreme Court To Review Standard For Determining Federal Court Jurisdiction Over...

The Supreme Court has granted certiorari on an issue involving domestic arbitration that has divided the federal courts of appeal (Badgerow v. Walters, Docket No. 20-1143): Do federal courts have subject-matter...more

The D.C. District Court Allows State Sponsored Tribunal To Seek Discovery In Federal Court Under 28 USC § 1782(a)

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

Petition Seeks Supreme Court Review Of Standard For Determining Federal Court Jurisdiction Over Motions To Confirm Or Vacate...

An employee of a Louisiana financial service company who lost in an employment-related arbitration is asking the U.S. Supreme Court to resolve an arbitration-related issue that has divided the circuit courts: Do federal...more

Insolvency And Arbitration Proceedings – Are They So Happy Together?

Insolvency proceedings can create potential roadblocks for arbitration proceedings that require careful navigation. Arbitration proceedings are private contractual proceedings intended to resolve individual claims. In...more

Revised ICDR 2021 Rules Are Now In Effect

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

U.S. Supreme Court Agrees To Review Whether Federal Courts Can Order Discovery In Aid Of Private International Arbitrations Under...

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

Florida Federal Court To Examine Issues Of Alleged Arbitrator Conflicts Of Interests In Panama Canal Case

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

Israel Becomes Third Signatory To 2019 HCCH Convention On The Recognition And Enforcement Of Foreign Judgments In Civil Or...

On March 3, 2021, Israel signed the HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Convention”). Israel became the third State to sign the...more

Uncertainty Continues Over Whether Federal Courts Can Order Discovery In Aid of International Arbitrations

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

Winter Of Despair Followed By . . . A Spring Of Hope?

Charles Dicken’s A Tale of Two Cities famously opens with “It was the best of times, it was the worst of times, it was the age of wisdom, it was the age of foolishness, it was the epoch of belief, it was the epoch of...more

Area Developer Hit With Massive Arbitration Award In Favor Of Franchisor

Franchisor obtains $2,064,735.75 arbitration award against failed area developer. In an arbitration decision handed down by the American Arbitration Association, Rita’s Franchise Company, LLC obtained an award against a...more

2021 ICC Rules Update Aims At Greater Efficiency, Flexibility, And Transparency And Addresses COVID-19 Issues

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

The Importance Of Arbitrator Impartiality And Lack Of Conflicts Of Interest

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

The Seventh Circuit Joins The Second And Fifth Circuits In Holding That 28 USC § 1782(a) Does Not Apply To Private International...

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

Virtual Reality Of Arbitration Hearings

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

U.S. Circuit Courts Split Over Issues Concerning The Ability To Obtain Evidence From Non-Parties In International Arbitration,...

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

U.S. Circuit Courts Split Over Issues Concerning The Ability To Obtain Evidence From Non-Parties In International Arbitration,...

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

LCIA Releases Update To Its Arbitration Rules

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

Summary Disposition In ICSID And ICC Arbitration

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

The 90 day Franchise Bankruptcy Solution

The CARES Act has amended the Bankruptcy Code to provide an expedited and easier version of a business bankruptcy proceeding. We now have “Subchapter 5” for small business and individual debtors. This process fulfills a sweet...more

You’re Worried? What To Do. NOW.

A recession is coming, if it is not already here. But this won’t be a recession like 2008. Back then, the banks threw you under the bus so that they could survive. Today, they are stronger. More importantly, they know they...more

To Poach Or Not To Poach

Franchise systems, and many licensing arrangements contain anti-poaching provisions. These provisions are being tested under the antitrust laws as being anticompetitive. This article will discuss the benefits and burdens of...more

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