Max Chester on SCOTUS

Foreign Holders of Arbitral Awards May Add a RICO Claim to Their Enforcement Arsenal

On June 22, 2023, in a 6–3 decision authored by Justice Sotomayor, the United States Supreme Court held that a foreign national-holder of a foreign arbitration award, which was recognized in the United States, can assert a...more

6/26/2023 / Arbitration , Enforcement , Foreign Arbitral Awards , Motion to Dismiss , RICO , SCOTUS

Eleventh Circuit Joins Its Sister Circuits in Holding that the FAA’s Grounds for Vacating Domestic Awards Are Available to...

We recently wrote about the Eleventh Circuit’s May 2022 decision in Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A. (AICSA v. HSR), holding that FAA grounds for vacating domestic arbitration awards are not available...more

4/18/2023 / Arbitration Awards , En Banc Review , Federal Arbitration Act , GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC , International Arbitration , Jurisdiction , New York Convention , SCOTUS , Vacated

Supreme Court Makes It Easier to Establish a Waiver of Arbitration through a Pursuit of Litigation

On May 23, the Supreme Court resolved a circuit split in holding that the Federal Arbitration Act’s (FAA) “policy favoring arbitration” does not allow federal courts to create arbitration-specific federal procedural rules....more

6/2/2022 / Arbitration , Arbitration Agreements , Class Action , Fair Labor Standards Act (FLSA) , Federal Arbitration Act , Litigation Strategies , SCOTUS , Waivers

Second Circuit Holds that Arbitration Pursuant to Bilateral Investment Treaty Constitutes “Foreign or International Tribunal”...

The Second Circuit held on July 15, in AlixPartners,that an ad hoc private arbitration proceeding between a disgruntled Russian investor and Lithuania, pursuant to a treaty between these two nations, constituted a “foreign or...more

7/28/2021 / Arbitration , Bilateral Investment Treaties , Bright-Line Rule , Foreign Tribunals , Lithuania , Russia , SCOTUS , UNCITRAL

Supreme Court to Decide Whether U.S. Courts Can Compel U.S. Discovery for Use in Foreign Private Commercial Arbitrations under 28...

The Supreme Court granted a petition for a writ of certorari in Servotronics Inc. v. Rolls Royce PLC et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020) and will have the opportunity to resolve an important...more

3/29/2021 / Commercial Arbitration , Discovery , Foreign Tribunals , International Arbitration , Petition for Writ of Certiorari , Rolls-Royce , SCOTUS

Issue of Applicability of 28 U.S.C. §1782 to Private International Commercial Arbitrations Is Ripe for Supreme Court’s Review...

On July 8, 2020, the U.S. Court of Appeals for the Second Circuit held that 28 U.S.C. §1782, which affords discretion to U.S. courts to order discovery in the U.S. in connection with foreign proceedings, does not extend to...more

7/21/2020 / 28 U.S.C. § 1782 , Appeals , CIETAC , Commercial Arbitration , Discovery , Foreign Tribunals , International Arbitration , NBC , SCOTUS

Supreme Court to Decide Whether Reference to Injunctive Relief in Arbitration Clause Gives Court Power to Rule on Arbitrability of...

Last month the Supreme Court granted a petition for a writ of certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc. and will take up, in its next term, yet another issue of pressing importance for commercial...more

7/20/2020 / American Arbitration Association , Arbitration , Carve Out Provisions , Commercial Arbitration , Federal Arbitration Act , Henry Schein Inc v Archer and White Sales Inc , Injunctive Relief , Petition for Writ of Certiorari , Question of Arbitrability , SCOTUS

U.S. Supreme Court Holds That New York Convention Does Not Bar Nonsignatory From Compelling International Arbitration

On June 1, 2020, in an opinion authored by Justice Thomas, the U.S. Supreme Court unanimously held that the Convention on Recognition and Enforcement of Arbitral Awards (commonly known as the “New York Convention,” which is...more

6/9/2020 / Federal Arbitration Act , International Arbitration , New York Convention , SCOTUS

The Supreme Court Reaffirms Enforceability of Class Arbitration Waivers, This Time Through the Supremacy Clause of the U.S....

In DIRECTV v. Imburgia, the Supreme Court reversed the California Court of Appeal, which held that a contractual class arbitration waiver was unenforceable under California law, even though the arbitration provision at issue...more

12/17/2015 / Arbitration Agreements , AT&T Mobility v Concepcion , Class Action Arbitration Waivers , DirectTV , DirecTV v Imburgia , Enforceability , Federal Arbitration Act , Preemption , SCOTUS

Max Chester

Foley & Lardner LLP

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