As trade tensions rise, retaliatory tariffs are disrupting global supply chains—particularly in the automotive industry and other manufacturing sectors. These unexpected costs are sparking disputes over who should bear the...more
4/4/2025
/ Arbitration Agreements ,
Automotive Industry ,
Breach of Contract ,
Contract Disputes ,
Dispute Resolution ,
International Arbitration ,
International Trade ,
Retaliatory Tariffs ,
Supply Chain ,
Tariffs ,
US Trade Policies
Arbitration agreements often seem straightforward—until they unexpectedly bind parties who never signed them. The United States Court of Appeals for the Eleventh Circuit’s recent decision in Various Insurers v. General...more
For midsized companies engaged in cross-border trade—whether selling overseas or purchasing from foreign suppliers—the ability to enforce contracts is critical. After all, if a contract cannot be enforced, it’s not worth the...more
No company would relish the prospect of defending against a class action lawsuit and thousands of related individual arbitrations at the same time. But following a recent federal court ruling, Google (and its parent company,...more
Defending against numerous individual arbitrations that share common factual and legal issues can cost companies significant time and money. The U.S. Court of Appeals for the Ninth Circuit recently held that such arbitrations...more
A recent federal court decision underscores a critical point for parties seeking to enforce foreign judgments in the U.S.: recognition of a foreign judgment does not require personal jurisdiction over the defendant....more
International automotive supply chains often involve tight just-in-time deadlines, so resolving disputes quickly and efficiently is critical. When arbitration is the designated resolution method, the arbitrator’s...more
3/5/2025
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Automotive Industry ,
Contract Terms ,
Dispute Resolution ,
International Arbitration ,
International Trade ,
Manufacturers ,
Risk Management ,
Supply Chain
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
Let’s say that your company is incorporated in Michigan, headquartered in Michigan, and does business there and in a dozen other states. One of your customers in Texas claims the products it purchased from you and that you...more
6/29/2023
/ Constitutional Challenges ,
Corporate Counsel ,
Domestic Corporations ,
Due Process ,
Foreign Corporations ,
General Jurisdiction ,
Mallory v Norfolk Southern Railway Co ,
Out-of-State Companies ,
Personal Jurisdiction ,
Registration Requirement ,
SCOTUS ,
State of Incorporation
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
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
Parties engaged in litigation against the State of Michigan in the Court of Claims will do so under new jurisdictional rules that were signed into law on November 12, 2013. The law, PA 164, moves the Court of Claims from the...more