Users of arbitration know that one of the most important decisions they can make is the selection of the arbitrator. As arbitration grows more ubiquitous, more experienced arbitrators are being selected more frequently, and...more
US Case Law Update -
The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more
9/29/2023
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Bilateral Investment Treaties ,
Brazil ,
Code of Conduct ,
Coinbase Inc v Bielski ,
Conflicts of Interest ,
Creditors ,
Discovery ,
Dispute Resolution ,
Federal Arbitration Act ,
France ,
International Litigation ,
Investment ,
RICO ,
SCOTUS ,
United Nations ,
Venezuela ,
Yegiazaryan v Smagin
ICSID Tribunal Finds That Colombia Violated the Minimum Standard of Treatment but Did Not Indirectly Expropriate the Investment in Eco Oro v. Colombia - In September 2021, an International Centre for Settlement of Investment...more
3/2/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Bilateral Investment Treaties ,
Discovery ,
Dispute Resolution ,
ICSID ,
International Arbitration ,
Jurisdiction ,
Latin America ,
Office of Foreign Assets Control (OFAC)
For the second time in two years, the U.S. Supreme Court will hear a case where the central issue is whether a court (or an arbitrator) should decide whether a dispute belongs in the courts or in arbitration.
The Court...more
On September 23, 2020, a panel of Skadden attorneys hosted a webinar entitled “Key Supreme Court Cases From the 2019-20 Term and a Look Ahead to the 2020-21 Term.” Panelists Julie Bédard, Boris Bershteyn, Jocelyn E. Strauber...more
11/10/2020
/ Affordable Care Act ,
Alien Tort Statute ,
Arbitration ,
Civil Rights Act ,
Constitutional Challenges ,
Consumer Financial Protection Bureau (CFPB) ,
Corporate Counsel ,
Denial of Certiorari ,
Employee Retirement Income Security Act (ERISA) ,
Employment Discrimination ,
Federal Trade Commission (FTC) ,
Financial Institutions ,
Fraud ,
SCOTUS ,
Securities and Exchange Commission (SEC) ,
Separation of Powers ,
Title VII ,
White Collar Crimes ,
Wire Fraud
Impact of COVID-19 on Cross-Border Disputes -
Cross-border disputes in the year 2020 are likely to be significantly impacted by the current outbreak of COVID-19, and disputes involving Latin America are no exception. The...more
5/18/2020
/ Arbitral Authority ,
Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Corruption ,
Criminal Investigations ,
Cross-Border Transactions ,
Cuba ,
Dispute Resolution ,
Enforcement of Foreign Judgments ,
Federal Pleading Requirements ,
Helms-Burton Act ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
Latin America ,
Parallel Proceedings ,
SCOTUS ,
Signatures ,
Subcontractors ,
United States-Mexico-Canada Agreement (USMCA)
Civil litigation in many of the nation’s busiest commercial centers has been disrupted to varying degrees by measures to combat the COVID-19 virus. When the courts resume normal operations, there is expected to be a backlog...more
Financial institutions have historically been skeptical about arbitration in the commercial context. As a result, the documentation used in commercial financial transactions has generally required that disputes be submitted...more
The Continuing Rise of Chinese Investment in Latin America -
Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more
6/21/2017
/ Arbitration ,
China ,
Colombia ,
Cross-Border Transactions ,
Discovery ,
Dispute Resolution ,
Foreign Investment ,
Hague Convention ,
International Litigation ,
Latin America ,
Personal Jurisdiction ,
Service of Process ,
Water Splash v Menon
One of the benefits of using arbitration to resolve international disputes is the availability of worldwide mechanisms to enforce an arbitral award. For example, the 1958 New York Convention on the Recognition and Enforcement...more
In the emerging area of business and human rights, the endorsement of the United Nations Guiding Principles on Business and Human Rights (UNGPs) by the U.N. Human Rights Council five years ago marked a watershed event. The...more
As arbitration continues to be widely utilized in international commerce, the issue of how arbitrators should handle conflict checks, and who is suitable for appointment as arbitrator in complex cases, will remain a vital...more
Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more
1/16/2016
/ Arbitration ,
Arbitration Awards ,
Choice of Court Agreements Treaty ,
Discovery ,
Dispute Resolution ,
Enforcement ,
Hague Convention ,
International Arbitration ,
International Litigation ,
New York Convention ,
UNCITRAL ,
Young Lawyers
Bilateral Investment Treaties (BITs) afford investors a series of guarantees against expropriation or unfair treatment of investments in foreign jurisdictions. They also typically allow investors to enforce those rights...more
Courts occasionally are asked to intervene in a pending arbitration and exercise their injunctive powers. In some cases, litigants seek to have the courts aid the arbitral process by stopping foreign proceedings that...more