J.P. Duffy IV, Author at Kluwer Arbitration Blog

Appeal, Arbitration, Awards, Challenge of Arbitral Award, Federal Arbitration Act (FAA), Manifest disregard, Manifest Disregard Doctrine, Manifest disregard of the law, New York, United States

Is Manifest Disregard Alive and Well in the Second Circuit?: A Remand to Find Out

J.P. Duffy IV, Philip Danziger (Reed Smith)/November 12, 2019January 16, 2020 /Leave a comment

Introduction In domestic award enforcement proceedings, the U.S. federal Court of Appeals for the Second Circuit (“Second Circuit”) in New York recently reversed a lower federal trial court’s decision to vacate that award on grounds that the arbitrator manifestly disregarded the law. See Weiss v. Sallie Mae, Inc., Dkt. No. 18-2362, Slip Op. (2d Cir….

Immunity, International Law, Sovereign Immunities, Sovereign Immunity, United States

Does Signing an International Treaty Impliedly Waive Sovereign Immunity in the U.S. under the FSIA?

J.P. Duffy IV, Daniel Avila II (Reed Smith)/November 2, 2019October 30, 2019 /Leave a comment

The recent decision issued by the United States Court of Appeals for the District of Columbia in Pao Tatneft v. Ukraine reopened the door to whether a country waives sovereign immunity under the Foreign Sovereign Immunities Act (the “FSIA”) by signing the New York Convention or other international treaties. In Pao Tatneft v. Ukraine, Tatneft,…