News & Analysis as of

Arbitration New York Convention

Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties... more +
Arbitration is a widely-used method for settling disputes between parties. During arbitration, parties submit their dispute to an impartial third person or party, usually chosen by the parties. Typically, parties to arbitration agree in advance to be bound by the arbitrator's decision. Arbitration is an alternative to litigation, but it shares many of the familiar features of litigation. Namely, parties to arbitration hold hearings before neutral decision-makers, present evidence and argue the merits of their position. Parties often choose arbitration due to its perceived advantages over litigation. Those perceived advantages include greater efficiency and flexibility, and lower costs. less -
Jones Day

D.C. Circuit Allows Challenge to Counsel's Authority to Enforce International Arbitration Award

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The D.C. Circuit has approved a backdoor challenge to the validity of an international arbitration award, finding that a challenge to counsel's authority to enforce an award can never be forfeited....more

Vinson & Elkins LLP

Guide to Arbitral Institutions and the Seat of Arbitration in Hong Kong

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When parties plan to resolve disputes by arbitration, there are several key considerations regarding procedure. In the second of a multi-part series, we look at two key features to consider when drafting (and applying) your...more

Carlton Fields

Court Holds Federal Law Governs FAA Arbitration Dispute Related to Surplus Lines Insurance Contract, Compels Arbitration Under...

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Harbor Homeowner’s Association Inc. sued its insurers in Louisiana state court seeking to recover damages allegedly caused by the insurers’ failure to pay claims related to Hurricane Ida. The insurers removed to federal...more

Carlton Fields

SDNY Confirms Arbitration Award Under New York Convention

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In Exclusive Trim Inc. v. Kastamonu Romania, S.A., the U.S. District Court for the Southern District of New York granted a petition to confirm and enforce a foreign arbitration award issued in an arbitration held before the...more

Carlton Fields

Court Follows Fifth Circuit Precedent in Enforcing Unsigned Insurance Arbitration Agreement Under New York Convention

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The insured argued that the arbitration agreement at issue was not enforceable under the Convention on the Recognition and Enforcement of Foreign Arbitral Awards because the agreement was not signed by both parties and...more

Hinshaw & Culbertson - Insights for Insurers

The Second Circuit May Well Reconsider Reverse-Preemption of The New York Convention by the McCarran-Ferguson Act

A significant number of states prohibit or restrict the arbitration of disputes between an insurer and its policyholder and/or preclude the inclusion of arbitral provisions in insurance policies.The McCarran-Ferguson Act...more

Carlton Fields

First Circuit Holds That New York Convention Preempts Puerto Rican Law

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The First Circuit Court of Appeals has held that the New York Convention applies to an insurance arbitration dispute between a Puerto Rican company and Lloyd’s of London and that the convention preempts a Puerto Rican law...more

Foley & Lardner LLP

10th Circ. Highlights US Court Discretion On Arbitral Awards

Foley & Lardner LLP on

In Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV, a panel of judges on the U.S. Court of Appeals for the Tenth Circuitrecently held in a 2-1 decision that the U.S. District Court for the...more

Hogan Lovells

Saudi Center for Commercial Arbitration publishes updated arbitration rules

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Saudi Arabia has taken a number of steps over recent years to modernize its arbitration laws, as well as establishing the Saudi Center for Commercial Arbitration (the "SCCA") in 2016. This is part of the Kingdom's vision of...more

A&O Shearman

The U.S. Eleventh Circuit Court of Appeals en banc overturns Industrial Risk and INPROSTA

A&O Shearman on

Last year, we wrote about precedent in the U.S. Court of Appeals for the Eleventh Circuit holding that international arbitration awards issued in the U.S. and encompassed by the New York Convention can be vacated only under...more

Shook, Hardy & Bacon L.L.P.

Eleventh Circuit Overhauls the Grounds Under Which an International Arbitral Award can be Vacated, Annulled, or Set Aside

Key points - In a major shift, the Eleventh Circuit has overruled prior jurisprudence and changed the grounds for vacatur (also called annulment or set-aside) of international arbitration awards, aligning with decisions...more

Walkers

Privy Council considers the enforcement of foreign arbitral awards in the Cayman Islands

Walkers on

On 19 May 2022, the Privy Council's judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022]...more

K&L Gates LLP

HUB Talks: Arbitration World: International Arbitration Clauses in Insurance Policies: Are They Valid in States With...

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In this episode, partners Chris Valente and Jackie Celender, along with associates Michael Creta and Peter Ayers, discuss the impact that state anti-arbitration insurance statutes have on the enforceability of international...more

Morgan Lewis

Turkmenistan Takes Steps to Improve Its Business Climate

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Turkmenistan, a holder of one of the world’s largest natural gas reserves, has recently taken steps to improve its business climate. In May 2022, Turkmenistan acceded to the New York Convention on the Recognition and...more

Hogan Lovells

Looking at 10 years of the Kigali International Arbitration Centre

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Thomas Kendra, a partner of Hogan Lovells’ International Arbitration team in Paris and a board member of the Kigali International Arbitration Centre (KIAC), takes stock of KIAC’s achievements a decade after its launch. This...more

Hogan Lovells

American built – Hong Kong court dismisses application to set aside leave to enforce U.S. award

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A Hong Kong court has dismissed an application to set aside leave to enforce an arbitral award issued by the American Arbitration Association in Los Angeles. The court said it was impossible to find on the available evidence...more

K&L Gates LLP

Litigation Minute: International Arbitration Clauses in Insurance Policies: Are They Valid in States With Anti-Arbitration...

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WHAT YOU NEED TO KNOW IN A MINUTE OR LESS - The New York Convention typically requires U.S. courts to enforce written arbitration agreements covering international disputes, including arbitration clauses in contracts with...more

WilmerHale

La sede y el ordenamiento aplicable en el arbitraje internacional: enfoques cruzados

WilmerHale on

El carácter global de la Convención sobre el Reconocimiento y la Ejecución de las Sentencias Arbitrales Extranjeras (Convención de Nueva York) es una de las prerrogativas típicamente destacadas dentro de las ventajas del...more

Hogan Lovells

Enforcement of Emergency Awards – India takes a leap

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On 6 August 2021, the Indian Supreme Court ruled that awards of emergency arbitrators in India-seated arbitration would be enforceable in India. This has attracted international attention in relation to the recognition of the...more

Hinshaw & Culbertson - Insights for Insurers

The Continued Rise Of The New York Convention And The Fall Of The "Bellefonte Cap."

Another Circuit Court Holds That the New York Convention Pre-empts State Laws Prohibiting Arbitration of Insurance Disputes - On August 12, 2021, the U.S. Court of Appeals for the Ninth Circuit held that Article II, Section...more

Morrison & Foerster LLP

MoFo Japan Disputes Newsletter – 1st Quarter 2021

Welcome to Morrison & Foerster’s quarterly newsletter on dispute resolution. In this newsletter, we address recent developments in arbitrations, investigations, and commercial and intellectual property litigation that may...more

Skadden, Arps, Slate, Meagher & Flom LLP

US Courts Gain Prominence as ‘Anchor’ Forum for Enforcing International Arbitration Awards

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

Dechert LLP

'Tis the Season to Mediate or Arbitrate?

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Background Mediation is a process by which parties attempt to resolve a dispute amicably with the assistance of a third party (ie the mediator) who has no authority to impose a solution on the parties.  For the process to be...more

Carlton Fields

New York Federal Court Confirms Arbitration Award Where Plaintiff Offered No Grounds to Vacate, Modify, or Correct Award

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PB Life and Annuity Co. Ltd. brought this action seeking a declaratory judgment that a breach of contract dispute with Universal Life Insurance Co. was not subject to arbitration and must be litigated in federal or state...more

ArentFox Schiff

Supreme Court Overturns Rule that Only Signatories Can Compel International Arbitration

ArentFox Schiff on

On June 1, 2020, the US Supreme Court unanimously ruled a non-signatory to an international arbitration agreement can enforce that agreement and rely on domestic state law doctrines to compel others to arbitrate. By...more

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