Hughes Hubbard successfully represented a group of 11 Ukrainian petrol companies, led by Stabil LLC, before the U.S. Court of Appeals for the District of Columbia Circuit, which affirmed the United States District Court for...more
Enforcing monetary judgments across borders remains a significant challenge for international businesses. Even where a final court judgment has been obtained, recovery can be delayed or frustrated by inconsistent recognition...more
In Pott v. World Capital Properties, the 11th Circuit held that an international arbitral tribunal operating under the New York Convention may pierce the corporate veil to assert jurisdiction over a non-signatory to an...more
As cross-border insolvency and international arbitration continue to converge, creditors increasingly face a pivotal strategic question: where should an arbitration be seated, and in which jurisdiction should an award be...more
Courts in the United States continue to affirm the strong presumption in favor of confirming arbitration awards while clarifying the narrow grounds for judicial intervention. This jurisprudence underscores the importance of...more
The enforcement of foreign arbitral awards in the United States has become an increasingly complex area of law, particularly as recent appellate decisions have introduced new challenges and considerations for creditors...more
In September 2025, the Fifth Circuit Court of Appeals’ Ford v. ConocoPhillips considered the availability of arbitration in a contracted employee arrangement. In the Eastern District of Texas, Bishop v. SZ DJI Tech. Co., Ltd....more
The New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards 1958 (Convention) requires contracting states to treat arbitral awards issued in other states as binding and recognise and enforce them...more
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
Arbitration is an increasingly popular method of dispute resolution because it puts clients in the driver’s seat....more
The United States Court of Appeals for the Second Circuit recently weighed in on the proper role of American federal courts in adjudicating the validity of arbitration awards made in foreign countries. In Molecular Dynamics,...more
Background - In May 2022, we reported that the Dubai Court of Cassation, in its judgment in Case No. 109/2022 (Civil), confirmed that the United Arab Emirates (UAE) procedural law of arbitration, set forth in Federal Law No....more
In Employers’ Innovative Network v. Bridgeport Benefits, No. 24-1350 (4th Cir. July 18, 2025), Employers contracted with Bridgeport, Capital Security, Inc., and a few other parties to obtain and administer employee health...more
In an opinion issued on May 8, 2025, the Second Circuit Court of Appeals addressed two cases: Certain Underwriters at Lloyd’s London v. 3131 Veterans Blvd LLC and Certain Underwriters at Lloyd’s London v. MPIRE Properties...more
The Second Circuit Court of Appeals has weighed in (again) on a still unsettled issue in the realm of insurance law: whether arbitration provisions in insurance policies issued by foreign insurers are enforceable...more
On May 8, 2025, United States Court of Appeals for the Second Circuit held, in Certain Underwriters at Lloyd’s, London v. 3131 Veterans Blvd LLC, and Certain Underwriters at Lloyd’s, London v. Mpire Properties LLC, Docket...more
In Certain Underwriters at Lloyds, London v. 3131 Veterans BLVD, LLC, the United States Court of Appeals for the Second Circuit held that Article II Section 3 of the New York Convention is self-executing and not...more
The threshold for challenging awards and their enforcement in the UK remains high, a key reason why London remains one of the busiest arbitration venues in the world and a key jurisdiction for the enforcement of arbitral...more
English High Court determines that ratification of the New York Convention on the Recognition and Enforcement of Arbitral Awards does not constitute prior written agreement to waive sovereign immunity....more
In a landmark victory for the Republic of India, the Commercial Court has held that India did not waive its state immunity in relation to the enforcement of two bilateral investment treaty awards solely by reason of its...more
The Fourth Circuit Court of Appeals recently rejected challenges to a district court’s decision to confirm a Hong Kong arbitration award, including arguments that confirming the award violated public policy and international...more
Bermuda is a British Overseas Territory. The modern legal system of Bermuda is established by the Bermuda Constitution Order 1968, an Order in Council of the United Kingdom that established the Supreme Court as the primary...more
Notwithstanding the lack of clear legislative intent, Belgian judges have unilaterally prohibited the arbitration of exclusive distribution disputes, unless a specific Belgian pro-distributor statute was applied or unless...more
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
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