Users of commercial arbitration — particularly those that employ the top institutional rules, such as those of the ICC or ICDR-AAA — have a number of basic expectations. They want their dispute to be decided by competent,...more
12/15/2023
/ Arbitration Awards ,
Arbitrators ,
Commercial Arbitration ,
Conflict Resolution ,
Conflicts of Interest ,
Disclosure ,
Dispute Resolution ,
Federal Arbitration Act ,
ICDR ,
Impartiality ,
International Arbitration ,
International Bar Association (IBA) ,
Legal Ethics ,
Popular ,
Vacatur
Years ago, when I was a law student in a moot court competition, our imaginary client was in need of an argument. Factually and legally, our side had been put in one of those tight corners for which the Jessup Moot is...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 ,
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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)
A growing number of cases in which private parties are seeking enforcement of very large arbitration awards are percolating through the U.S. courts. These awards emanate both from tribunals seated in the United States (where...more
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 ,
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International Arbitration ,
International Chamber of Commerce (ICC) ,
International Litigation ,
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SCOTUS ,
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United States-Mexico-Canada Agreement (USMCA)
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
1/30/2020
/ Acquisitions ,
Administrative Procedure Act ,
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Cross-Border Transactions ,
DACA ,
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EU ,
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MFW ,
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Technology Sector ,
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Recent U.S. court decisions demonstrate that international arbitration remains a widely used and potentially attractive method for resolving international business disputes, largely due to the relative ease of enforcing...more
As detailed in an October 2, 2018, Skadden client alert, the United States’ efforts to revise the 25-year-old North American Free Trade Agreement (NAFTA) reached a milestone on September 30, 2018, when the U.S., Mexico and...more
2/11/2019
/ Arbitration Awards ,
Argentina ,
Bilateral Investment Treaties ,
Bolivia ,
Border Disputes ,
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Chile ,
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Latin America ,
Manifest Disregard ,
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NAFTA ,
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Spain ,
UNCITRAL ,
United States-Mexico-Canada Agreement (USMCA) ,
Uruguay
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
A number of significant international arbitrations, particularly involving claims by investors against sovereign states, are venued in Washington, D.C. A September 30, 2016, decision by the U.S. District Court for the...more
10/13/2016
/ Arbitration Awards ,
Arbitrators ,
Argentina ,
Bilateral Investment Treaties ,
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Corporate Counsel ,
Evidence ,
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International Arbitration ,
Investors ,
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Young Lawyers