New York

Interviews with Our Editors, New York, New York Arbitration Week, United States, United States Courts

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (New York International Arbitration Center)/ /Leave a comment

Benno Kimmelman is an independent arbitrator and active in the New York arbitration community. He teaches international arbitration and international litigation courses at Brooklyn Law School, Georgetown University Law Center, and American University’s Washington College of Law. Edna Sussman is a New York-based arbitrator and mediator. She is the Distinguished ADR Practitioner in Residence at…

Interviews with Our Editors, New York, Venue

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School) and (Freehill Hogan & Mahar LLP)/ /Leave a comment

Founded in 2013, the New York International Arbitration Center (“NYIAC”) is a non-profit organization that promotes and enhances the conduct of international arbitration in New York, offers educational programming, and operates arbitration hearing facilities in New York City.  Rekha Rangachari is NYIAC’s current Executive Director.  In addition to her work with NYIAC, Rekha holds leadership…

Arbitrator Selection, Arbitrators, Mediation, Mediation and Dispute Management, New York, New York Arbitration Week

(International Centre for Dispute Resolution American Arbitration Association (ICDR-AAA))/ /Leave a comment
International Centre for Dispute Resolution (ICDR)

On November 16th, 2020, the AAA-ICDR hosted a webinar entitled In-House Counsel’s Virtual Roundtable as part of New York Arbitration Week. The session comprised of in-house counsel from various industries discussed their views and approach to international arbitration from their respective fields. It was moderated by Eric P. Tuchmann, the Senior Vice President, General Counsel…

Enforcement, Foreign arbitral awards, Inter-American Conventions, Jurisdiction, Jurisdiction Clause, New York, Place of arbitration, United States

(Columbia Law School), (Rivero Mestre LLP), and (Nishith Desai Associates)/ /2 Comments

In this post, we discuss some of the challenges created by the personal jurisdiction requirements under U.S. law (explained below) in enforcement of foreign arbitral awards in the U.S. We also delve into details of hurdles posed by the implementation of the personal jurisdiction standard as enunciated in Daimler AG v. Bauman to recognition and…

Additional Award, Arbitral Award, Arbitration, Functus Officio, New York, Partial award, United States

(Chaffetz Lindsey LLP)/ /1 Comment
International Centre for Dispute Resolution (ICDR)

In a recent decision, New York State’s highest court (the New York Court of Appeals) rejected an argument that a tribunal exceeded its authority, as to warrant vacatur, when it reconsidered and corrected an earlier decision rendered in a “partial final award.”  The Court concluded that arbitrators are not functus officio to reconsider an interim…

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

, (Reed Smith)/ /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….

New York, Section 1782 Discovery, Tribunal, U.S. Supreme Court, United States

(Quinn Emanuel Urquhart & Sullivan, LLP)/ /Leave a comment

United States Code Section 1782 has become the weapon of choice for international litigants seeking discovery in aid of foreign proceedings. Section 1782 allows an “interested person” (such as a foreign litigant) to apply for discovery over a person or entity “found” in the U.S. “for use” in a proceeding “in a foreign or international tribunal.”…

2018 In Review, Enforcement, Enforcement of an arbitration clause, Federal Arbitration Act (FAA), New York, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, SCOTUS, technology industry, U.S. Supreme Court, United States, USA, USMCA

(Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

As we head into the new year, it is worth reflecting on major international arbitration-related developments in the United States during 2018 and their coverage on the blog.   Early in the year, our authors homed in on the U.S. Federal Arbitration Act (FAA), which embodies U.S. arbitration law, including the New York Convention.  As…

CIETAC, Enforcement, New York, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards

, (Holland & Knight LLP)/ /Leave a comment

Allegations of fraud and forgery of a sales agreement are for an arbitral tribunal to decide and a party should not ignore a notice of arbitration. This is according to a federal judge who enforced an award against a party that claimed the agreement was forged and did not participate in the arbitral proceedings. On…