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
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
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
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
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
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
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
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
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
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
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
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
3/9/2020
/ Arbitration ,
Arbitration Agreements ,
Construction Contracts ,
Construction Disputes ,
Construction Litigation ,
Contract Terms ,
Forum ,
International Arbitration ,
Legal Costs ,
Statistical Analysis ,
Surveys ,
UK
Abdul Latif Jameel Trans. Co. v. FedEx Corp., No. 19-5315 (6th Cir. Sept. 19, 2019).
In the world of international arbitration, where document disclosure is already relatively limited compared to practices in federal and...more
10/4/2019
/ Administrative Law Judge (ALJ) ,
Construction Litigation ,
Disclosure ,
Discovery Disputes ,
Dubai ,
Evidence ,
FedEx ,
Foreign Tribunals ,
International Arbitration ,
Saudi Arabia ,
Supply Chain
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
As many owners and contractors involved in the international construction industry are aware, international arbitration is a popular dispute resolution device for international construction disputes because, in part,...more
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
7/2/2019
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Construction Disputes ,
Construction Litigation ,
Contract Terms ,
Federal Arbitration Act ,
International Arbitration ,
Motion to Compel ,
Motion to Dismiss ,
New York Convention ,
Non-Signatories
Maxum Indemnity Co. v. Robbins Co., P.C., No. 1:17-CV-01968, 2018 U.S. Dist. LEXIS 57729 (N.D. Ohio Mar. 28, 2018) -
On March 21, 2018, the United States District Court for the Northern District of Ohio granted a motion...more
1/8/2019
/ Breach of Contract ,
Commercial General Liability Policies ,
Construction Defects ,
Construction Project ,
Delay Claims ,
Duty to Defend ,
Insurance Claims ,
Insurance Industry ,
Insurance Litigation ,
International Arbitration ,
Policy Terms
Outokumpu Stainless USA, LLC v. Converteam SAS, 2018 U.S. App. LEXIS 24671 (11th Cir. Aug. 30, 2018) -
On August 30, 2018, the Eleventh Circuit Court of Appeals reversed a lower court decision to compel arbitration between...more
11/8/2018
/ Appeals ,
Arbitration Awards ,
Construction Industry ,
Federal Arbitration Act ,
General Electric ,
International Arbitration ,
Jurisdictional Determination (JD) ,
Motion to Compel ,
Motion to Dismiss ,
Removal Proceedings ,
Reversal ,
Subject Matter Jurisdiction ,
United Nations
Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., 2018 U.S. Dist. LEXIS 39494 (S.D. Tex. Mar. 12, 2018) -
On March 12, 2018, in Transocean Offshore Gulf of Guinea VII Ltd. v. Erin Energy Corp., the U.S....more