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DC Circuit Rejects India’s Sovereign Immunity Defense in Enforcement of $174 Million Arbitration

The U.S. Court of Appeals for the District of Columbia Circuit rejected India’s motion to dismiss, based on sovereign immunity, a $174 million arbitration award in a dispute with German telecommunications provider Deutsche...more

ESG in BITs (Part I): Why ESG Provisions in Recent International Investment Treaties Matter

This is the first of three entries in Hughes Hubbard’s “In Dispute” series in which we will examine how some recent bilateral investment treaties (BITs) are incorporating and addressing environmental, social and governance...more

International Commercial Arbitration vs. U.S. Commercial Litigation – Key Differences

Companies doing business internationally often insert arbitration clauses in their contracts. They do so for good reasons. One is to ensure that future disputes will be resolved in a neutral forum, not in the home court of...more

What is Third Party Funding? How Is It Used in International Arbitration?

What Is Third Party Funding? International arbitration can be a costly endeavor. Third Party Funding (TPF) – also known as litigation funding or litigation finance – is a way for a claim holder or claimant in an...more

Republic of Equatorial Guinea Secures Rare Reversal of Arbitration Award Confirmation from D.C. Circuit

The Republic of Equatorial Guinea achieved a rare outcome in successfully convincing the U.S. Court of Appeals for the D.C. Circuit to vacate the lower court’s enforcement of an arbitration award. Equatorial Guinea was...more

What’s an Emergency Arbitrator? And Should I Appoint One?

What is an emergency arbitrator? In the early 2000s, arbitral institutions began to introduce rules allowing for the appointment of an emergency arbitrator – a sole arbitrator appointed on an expedited basis to deal with...more

What Business Sectors Use International Arbitration and Why?

Caseloads at the ICC reflect similar trends. In 2023, cases arising out of the construction or engineering sectors accounted for 25.2% of all new disputes and energy-sector cases accounted for 20.6%. ...more

When is a Party Required to Arbitrate?

Over the past few decades, arbitration agreements have become increasingly common in contracts between corporations, workers and customers. In fact, you’ve likely agreed to one in signing a generic consumer agreement or by...more

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