AGG Talks: Cross-Border Business Podcast - Episode 14: Resolving Cross-Border Conflicts Through International Arbitration
RICO and Foreign Arbitration Enforcement - RICO Report Podcast
The Power of Visuals in International Arbitration – IMS Insights Podcast Episode 63
6 Key Takeaways | Presenting Damages in International Arbitration
Focus on APAC: A Look Back at 2020 and What Lies Ahead in 2021 and Beyond
The Art of International Arbitration – October 2019 Pepper Conference Preview
Life sciences globalization fuels new developments in international arbitration
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
The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision...more
I was sad to see the Law 360 report that a coalition of environmental and human rights NGOs have petitioned President Biden to pardon former attorney Steven Donzinger who was jailed for criminal contempt of court in 2021,...more
In Deutsche Bank AG v RusChemAlliance LLC [2023] EWCA Civ 1144, the English Court of Appeal granted an anti-suit injunction to restrain Russian court proceedings brought in breach of an agreement to arbitrate in Paris,...more
The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more
A recent court case by the Civil and Commercial Court of the Qatar Financial Centre clarified the Court's jurisdiction to support arbitrations seated in Qatar. Parties not established in the Qatar Financial Centre must agree...more
On April 25, 2023, the U.S. Supreme Court heard argument on whether a foreign plaintiff can state a civil claim under the Racketeer Influenced and Corrupt Organizations Act (“RICO”) against a foreign defendant based on...more
In Compañía de Inversiones Mercantiles SA v. Grupo Cementos de Chihuahua SAB de CV, 58 F.4th 429 (10th Cir. 2023) (“CIMSA v. GCC”), a panel of judges on the Tenth Circuit held in a 2-1 decision that the U.S. District Court...more
On January 13, 2023, the United States Supreme Court agreed to hear two related cases in which it will decide for the first time whether and in what circumstances a foreign (non-U.S.) plaintiff may bring a civil action under...more
Last week, the Law Commission published a consultation paper regarding the Arbitration Act 1996 (the “Act”), which is the key piece of legislation that regulates arbitration in England and Wales. The consultation paper starts...more
What did the Court decide? The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign”...more
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
The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign” or “international” tribunals...more
On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more
Foreign insurers can feel more confident in their ability to enforce international arbitration clauses in American courts. Last month, the US Supreme Court declined to reverse a decision of the US Court of Appeals for the...more
The U.K. Supreme Court recently handed down its long-awaited judgment in Kabab-Ji SAL (Lebanon) v Kout Food Group (Kuwait). The judgment confirmed and applied the principles concerning the governing law of arbitration...more
On March 23, 2021, the Paris Court of Appeal issued a decision with important ramifications for investors pursuing arbitration under the Agreement for the Promotion, Protection and Guarantee of Investments Among Member States...more
Servotronics, Inc. v. Rolls-Royce PLC, No. 20-794: Whether the discretion granted to district courts in 28 U.S.C. §1782(a) to render assistance in gathering evidence for use in “a foreign or international tribunal”...more
The United Kingdom (UK) Supreme Court has handed down its much-anticipated judgment in Halliburton Company v. Chubb Bermuda Insurance Ltd [2020] UKSC 48 in respect of Haliburton's application to remove an arbitrator for...more
In Halliburton Company v Chubb Bermuda Insurance Ltd [2020] UKSC 48, the UK Supreme Court dismissed Halliburton’s appeal concerning its application to remove an arbitrator for apparent bias on the facts. However, it also...more
In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more
Earlier this month I posted a short piece describing a two-to-two circuit split on the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782, which...more
The U.S. Supreme Court recently addressed whether a non-signatory’s attempt to compel arbitration under an international arbitration agreement using domestic doctrines of equitable estoppel is barred by the Convention on the...more
On July 8, 2020, the U.S. Court of Appeals for the Second Circuit held that 28 U.S.C. §1782, which affords discretion to U.S. courts to order discovery in the U.S. in connection with foreign proceedings, does not extend to...more
On July 8, 2020, the United States Court of Appeals for the Second Circuit unanimously ruled in Hanwei Guo v. Deutsche Bank Securities Inc., J.P. Morgan Securities LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated,...more