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Eleventh Circuit Joins Others on Applicability of Domestic FAA Grounds to Vacate Nondomestic Arbitration Awards

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more

A More Even Field: The Eleventh Circuit Overrules Its Precedent and Joins Most Circuits on the Applicability of Domestic FAA...

Earlier this year the Eleventh Circuit Court of Appeals joined the Second, Third, Fifth, Sixth, Seventh, Ninth, Tenth, and D.C. circuits in the much-anticipated en banc decision of Corporacion AIC, SA v. Hidroelectrica Santa...more

Construction Arbitration

Arbitration is the most widely used method of dispute resolution in the construction industry. Parties should understand the key concepts and common types of claims when deciding whether to arbitrate disputes involving...more

A Change in Course? The Eleventh Circuit May Soon Join Most Circuits on the Applicability of FAA Grounds to Vacate Nondomestic...

In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic...more

Federal Court Further Narrows 28 U.S.C. § 1782 Application Following Landmark SCOTUS Decision

Since the U.S. Supreme Court (SCOTUS) issued its June 2022 critical decision in AlixParters, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, private parties have been foreclosed from petitioning federal courts...more

Can You Enforce an International Arbitration Award That’s Been Set Aside?

On July 8, the Second Circuit affirmed a refusal to enforce a $1.8 billion arbitration award (now worth approximately $2.7 billion with interest) annulled by a Nigerian court in Esso v. Nigerian National Petroleum Company. In...more

SCOTUS to Resolve Circuit Split After All — Can Federal Courts Order Discovery For Use in Private, Commercial International...

The U.S. Supreme Court will resolve the circuit split concerning whether 28 U.S.C. § 1782(a) (Section 1782) applies to private, commercial international arbitrations after all. On December 10, the Court agreed to hear a pair...more

Arbitration Update – The 2021 ICDR Arbitration Rules: A Welcome Update for International Construction Arbitration

On 1 March 2021, the International Centre for Dispute Resolution (ICDR), the international division of the American Arbitration Association (AAA) and a leading provider of dispute resolution services to businesses in matters...more

Int'l Arbitration Rules Revision Reflects Flexible Approach

On Feb. 15, the International Bar Association released the long-awaited update, adopted by the IBA Council on Dec. 17, 2020, to the IBA Rules on the Taking of Evidence in International Arbitration. Originally published in...more

Servotronics, Inc. v. Rolls-Royce PLC: What the U.S. Supreme Court’s Upcoming Decision on 28 U.S.C § 1782 Means for International...

On March 22, 2021, the U.S. Supreme Court announced that it would consider the hotly contested issue of whether 28 U.S.C. § 1782 (“Section 1782“) grants parties to international commercial arbitrations seated outside the...more

2020 Updated to the IBA Rules: Modest Changes for Challenges New and Old

On February 15, 2021, the International Bar Association (IBA) released the long-awaited 2020 update to its highly influential Rules on the Taking of Evidence in International Arbitration (“IBA Rules”). Known for their...more

Not So Severable After All: Third Circuit Lets Courts Determine Arbitration Agreement Existence When Underlying Contract’s...

On September 14, the U.S. Court of Appeals for the Third Circuit addressed the perennially thorny issue of whether the courts or arbitrators retain the authority to resolve questions involving the enforceability of...more

Internationalizing Domestic Arbitration: How International Arbitration Practices Can Improve Domestic Construction Arbitration

Introduction - Arbitration is simple. Parties select a person or persons — the arbitrator(s) — whose expertise or judgment they trust to resolve their differences in a privatized forum. After each party puts on their case,...more

ADR for Construction Disputes During COVID-19: How to Manage Dispute Resolution Before and After the Dust Settles

Days after the World Health Organization declared the COVID-19 outbreak a global pandemic, governments from around the world scrambled to enact measures aimed at mitigating the spread of the virus. ...more

The Seoul Protocol: Guidelines for Remote Arbitration Hearings During the COVID-19 Outbreak

As the COVID-19 pandemic continues to upend carefully choreographed arbitration schedules, parties, counsel and arbitrators have expressed interest in the use of video-conferencing technology to manage remote arbitration...more

New International Arbitration Study Offers Construction Dispute Insight

On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on...more

New Int'l Arbitration Study Offers Construction Dispute Insight

On Nov. 21, the Queen Mary University of London School of International Arbitration, in partnership with the U.K.-based law firm Pinsent Masons LLP, released its ninth annual international arbitration survey focused on...more

The Art of International Arbitration – October 2019 Pepper Conference Preview  [Audio]

On October 11, 2019, Pepper Hamilton will host an interactive seminar entitled “The Art of International Arbitration.” Matt Adler, partner and chair of Pepper’s International and Domestic Arbitration Practice Group, Maia...more

New York Appellate Court Affirms Decision to Deny Motion to Compel Arbitration in Multi-Billion Dollar Construction Dispute

BML Properties Ltd. v. China Construction America Inc., et al., 101 N.Y.S. 3d 597 (N.Y. App. Div. 2019) - On July 2, 2019, a New York appellate court upheld a lower court ruling by Justice Saliann Scarpulla, denying a...more

UPDATE: GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC: U.S. Supreme Court Grants Writ of Certiorari to...

As discussed in our post from last year, on August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between an Alabama steel plant owner, Outokumpu Stainless USA, LLC...more

A Pivotal Ruling for Appellate Arbitration Award Enforcement

In 2008, the U.S. Supreme Court in Hall Street Associates LLC v. Mattel Inc. determined that parties may not contractually agree to expand judicial review of arbitral awards beyond the grounds set forth in the Federal...more

Kavanaugh's First Opinion: In Arbitration Agreements, Delegation Means Delegation

The U.S. Supreme Court recently issued another decision making it easier for parties to arbitrate. This time, the Court did away with any exceptions to clauses delegating to arbitrators the right to decide their own...more

When a Flow Down Provision Doesn’t Flow Up: Oregon Appellate Court Holds That a Flow Down Provision From a Prime Contract With an...

Eugene Water & Elec. Bd. v. MWH Americas, Inc., 2018 Ore. App. LEXIS 879 (July 25, 2018) On July 25, 2018, an Oregon appellate court concluded that a pair of subcontractors could not compel an owner to arbitrate its claims...more

Shedding Light on the AAA's Streamlined Three-Arbitrator Panel Option

On May 1, 2017, the American Arbitration Association (AAA) announced a new procedure under the AAA’s Arbitration Rules aimed at lowering the administrative cost of arbitrations involving three-arbitrator panels. Originally...more

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