The Federal Arbitration Act (FAA) requires federal courts to enforce agreements to arbitrate that impact interstate commerce. The FAA and its body of case law are binding on state courts and many states have adopted similar...more
6/19/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Federal Arbitration Act ,
Legal History ,
Mattel ,
Motion To Stay ,
SCOTUS ,
Smith v Spizzirri ,
Stays ,
Subject Matter Jurisdiction
When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...more
5/31/2024
/ Arbitration ,
Coinbase ,
Coinbase Inc v Suski et al ,
Contract Disputes ,
Contract Drafting ,
Contract Terms ,
Delegation Clauses ,
Jurisdiction ,
Putative Class Actions ,
Rules of Civil Procedure ,
Sweepstakes
On May 16, 2024, the United States Supreme Court in Smith v. Spizzirri addressed whether district courts are required to stay a lawsuit pending arbitration, or if they have the discretion to dismiss the suit when all the...more
The U.S. Supreme Court recently confirmed that foreign companies looking to enforce international arbitration awards have a powerful tool at their disposal: a U.S. statute targeting organized criminal activity. In Yegiazaryan...more
7/5/2023
/ Arbitration ,
Arbitration Awards ,
Asset Freeze ,
Criminal Conspiracy ,
Enforcement of Foreign Judgments ,
Foreign Arbitral Awards ,
Foreign Corporations ,
Foreign Investment ,
International Arbitration ,
Misappropriation ,
Post-Judgment Enforcement Actions ,
Racketeering ,
RICO ,
SCOTUS ,
Yegiazaryan v Smagin
If you win an arbitration and want to enforce the award, you must first go to court and seek a judgment recognizing and enforcing the award against the losing party. At the same time, however, the losing party can likewise go...more
Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Commercial Arbitration ,
Corporate Counsel ,
Discovery ,
Federal Arbitration Act ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
SCOTUS
Can a non-signatory to an arbitration agreement compel international arbitration under the doctrine of equitable estoppel? Last year, in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC, 140 S. Ct. 1637...more
People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing number of court decisions suggest that this presumption may be unwarranted....more
In an important development for businesses engaged in cross-border transactions, the International Chamber of Commerce has amended its arbitration rules effective January 1, 2021. The amendments are designed to increase the...more
Parties involved in litigation outside the United States have long had at their disposal a useful tool for obtaining American-style discovery in the U.S. 18 U.S.C. § 1782(a) of the United States Code authorizes a United...more
Can a court compel you to give testimony and produce documents in an arbitration where you are not even a party? In the United States, the answer is yes....more
Can your business be compelled to defend an international arbitration brought by an entity with whom you never agreed to arbitrate? On June 1, 2020, a unanimous United States Supreme Court answered this question in the...more
7/14/2020
/ Arbitration ,
Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
The disruption caused by the COVID-19 pandemic will leave many companies with less time and money to devote to litigating their business disputes.
So how can cash-strapped companies quickly and effectively resolve their...more