In a decision of potential importance to arbitral award creditors and debtors, the US Court of Appeals for the Fifth Circuit recently reversed a federal district court decision confirming an English arbitral award on the...more
The US Supreme Court has opened the door for foreign plaintiffs to sue under the Racketeer Influenced and Corrupt Organizations Act (“RICO”), which provides treble damages and attorneys’ fees, to assist enforcement of an...more
7/21/2023
/ 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
Litigants in foreign arbitrations have long looked to 28 U.S.C. § 1782 as a potential avenue for obtaining something close to US-style discovery. But, the US Supreme Court unanimously held this week that this federal statute...more
6/16/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Disputes ,
Business Litigation ,
Commercial Arbitration ,
Discovery ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
SCOTUS ,
ZF Automotive US Inc v Luxshare Ltd
On March 31, 2022, the US Supreme Court issued a significant decision in Badgerow v. Walters, No. 20-1143, ending a circuit split about when federal courts have subject matter jurisdiction to review domestic arbitration...more
4/5/2022
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Badgerow v Walters ,
Employment Litigation ,
Federal Arbitration Act ,
SCOTUS ,
Statutory Interpretation ,
Subject Matter Jurisdiction ,
Vacatur ,
Wrongful Termination