Viking River Cruises, Inc. v. Moriana, No. 20-1573: This case involves the Federal Arbitration Act’s (FAA) preemption of a California law invalidating contractual waivers of the right to assert certain representative claims....more
This year saw the UK grapple with life after Brexit and, along with the rest of the world, the impact of the continued COVID-19 pandemic. As 2021 draws to a close, we round up the key events and developments from the year in...more
Southwest Airlines Co. v. Latrice Saxon, No. 21-309: This case, involving the Federal Arbitration Act, presents the following question: Whether workers who load or unload goods from vehicles that travel in interstate...more
The Hague Convention on Choice of Court Agreements (The Hague Convention) enables global judgment enforcement. It has been ratified by 32 States. Among them are all EU member states, the United Kingdom, Singapore, and Mexico....more
International treaties and conventions such as the Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters, November 15, 1965, 20 U.S.T. 361, T.I.A.S. No. 6638 (“the Hague...more
Is your country party to any bilateral or multilateral treaties for the reciprocal recognition and enforcement of foreign judgments? What (in general terms) is the country’s approach to entering into these treaties and what...more
The 2019 Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters offers certainty in cross-border enforcement of judgments. On 2 July 2019, the Hague Conference on Private...more
On July 2, 2019, the delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law (“HCCH”) finalized and adopted a new multilateral treaty, the 2019 Convention on the Recognition and...more
Changzhou Sinotype Technology Co., Ltd. (“Changzhou”) is a Chinese company that develops fonts. Changzhou and Los Angeles-based investment firm Rockefeller Technology Investments (Asia) VII (“Rockefeller”), entertained the...more
The Singapore Mediation Convention, which is expected to be signed on August 1, 2019, will make it easier for businesses to enforce mediated settlement agreements with their cross-border counterparts. The Singapore...more
A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL...more
A recent California case may force engineering, procurement and construction companies doing business with foreign suppliers to reconsider—and maybe rewrite—their contracts. In Rockefeller Technology Investments (Asia) VII v....more
The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere. The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...more
The Continuing Rise of Chinese Investment in Latin America - Chinese investment and transactions in Latin America exceeded US$125 billion in the last decade, and China is expected to continue to be a key player in Latin...more
Large, transnational corporations increasingly face the question of whether to litigate their disputes in local courts or to include in their agreements provisions providing for the resolution of disputes by alternative means...more
In 1973, Chevron and Ecuador signed an agreement allowing Chevron to develop oil fields in Ecuador. Years later, litigation ensued and eventually Chevron commenced an arbitration action before a tribunal in the Hague. Ecuador...more
The Hague Convention could save time and expense on jurisdictional disputes and aims to streamline cross-border enforcement. On 11 June, the Latvian presidency, on behalf of 27 of the 28 European Union (EU) member...more
Foreign civil lawsuits, private arbitrations using § 1782 to facilitate discovery - Let’s say you have a client who is a party to an arbitration proceeding pending in Buenos Aires, Argentina. In your investigation of the...more