United States Courts

Consumer disputes, Employment arbitration, SCOTUS, Section 1782 Discovery, United States, United States Courts

(Musick, Peeler & Garrett LLP), , and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

U.S. Supreme Court Justice Ruth Bader Ginsburg (1933-2020), known only as “RBG” in many circles, was a native of Brooklyn, New York and only the second woman appointed to the U.S. Supreme Court bench. Her passing in September 2020, at the age of 87, left a gaping hole in the international community. She was widely…

Arbitrability, kompetenz-kompetenz, United States, United States Courts

(Musick, Peeler & Garrett LLP)/ /Leave a comment

Recently, the U.S. Court of Appeals for the Third Circuit (the “Third Circuit” or the “Court”) addressed what it referred to as a “mind-bending” and “seemingly circular” question “dubbed ‘the queen of all threshold issues’ in arbitration law:” whether a court or arbitrator(s) decides if an agreement exists when the alleged agreement itself “includes an…

Discovery, SCOTUS, Section 1782 Discovery, United States Courts

(MacGrath Arbitration) and (Omni Bridgeway)/ /Leave a comment
ArbitralWomen

On 22 September 2020, the U.S. Court of Appeals for the Seventh Circuit joined the Second and Fifth Circuits1)The Seventh Circuit includes the U.S. federal district courts of Illinois, Indiana, and Wisconsin. in narrowly interpreting the statutory language “foreign or international tribunal” in 28 U.S.C. § 1782(a), holding that Section 1782 does not authorize U.S. discovery for…

kompetenz-kompetenz, United States, United States Courts

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Young ITA

Awards are final—mostly. Many institutional rules allow arbitrators to correct clerical errors in their awards, but prohibit revisions to the merits of their decisions. The U.S. Court of Appeals for the Fifth Circuit signaled in a recent case that it will defer to arbitrators in interpreting institutional rules regarding the scope of their correction authority,…

Estoppel, International Court of Justice, Lotus Principle, New York Convention, New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards, Non-signatory, Permanent Court of Arbitration, Permanent Court of International Justice, SCOTUS, United States, United States Courts

(Hughes Hubbard & Reed)/ /Leave a comment

On June 1, 2020, the United States Supreme Court issued its opinion in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA. The Court held that the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) does not prohibit a Contracting State from applying the domestic law doctrine…

COVID-19, Force majeure, India, Insolvency, Public Policy, United States, United States Courts

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The COVID-19 pandemic and the ensuing lockdowns have the legal community debating and exploring force majeure. That, however, does not rule out the imminent likelihood of international arbitration locking horns with domestic insolvency law. Arbitration agreements and subsequent awards may possibly be left redundant and award-holders remediless where insolvency proceedings are commenced in respect of…

Enforcement, International arbitration, United States Courts

(Binder & Schwartz LLP)/ /Leave a comment
Young ICCA

On September 4, 2019, Esso, a subsidiary of the Exxon Mobil Corporation, and Shell Nigeria, a subsidiary of the Shell Oil Company (collectively “Esso”), attempted to enforce a $1.799 billion arbitral award in the U.S. District Court for the Southern District of New York after it had been annulled in the courts of Nigeria (Esso Opinion)….

Arbitration Agreement, India, Judicial intervention, United States Courts

, (Dr. Ram Manohar Lohiya National Law University Lucknow)/ /Leave a comment

Most of the contemporary discourses on pre-arbitral judicial interference in India entail the scope of the judicial enquiry required before the constitution of an arbitral tribunal. As it currently stands, Section 8 (for arbitrations seated in India) and Section 45 (for foreign-seated arbitrations) of the Arbitration and Conciliation Act, 1996 (“1996 Act”) have the potential…

2019 In Review, Section 1782 Discovery, U.S. Supreme Court, United States, United States Courts, USMCA

(Musick, Peeler & Garrett LLP) and (Law Offices of Kiran N Gore PLLC; The George Washington University Law School)/ /Leave a comment

2019 was an important year for international arbitration developments in the United States, both in the commercial and investment context.  Some of the more far-reaching developments included the deepening circuit court split on whether “manifest disregard” of the law is a grounds to refuse enforcement of an award, the first U.S. Court of Appeals decision…

Emergency Arbitrator, ICDR, United States, United States Courts

, (Fitch Law Partners)/ /Leave a comment

Recently, the U.S. District Court for the Northern District of Georgia (the “District Court”) put the problem with emergency arbitration front and center: it refused to confirm and enforce an emergency interim arbitration award (the “Emergency Award”) awarded by an emergency arbitrator (the “Emergency Arbitrator”) under Article 6 of the American Arbitration Association’s International Center…

Arbitration, Guaidó, Recognition, United States Courts, Venezuela

(Università degli Studi di Trento)/ /Leave a comment

Interesting developments in disputes involving Venezuela and its national oil company Petróleos de Venezuela S.A. (PDVSA) took place after Juan Guaidò, the president of the Venezuelan National Assembly, took the interim Presidency of the State in January 2019. Since then, he has adopted a series of measures and intervened in a series of proceedings involving…