by Brian Bernhardt
In Notice 2023-71, the IRS provided tax relief for individuals affected by Hamas’ terroristic action in the State of Israel beginning on October 7, 2023. Notably, this relief is not limited to eligible taxpayers in Israel, but
Global Dispute Resolution Insights
Latest from Global Dispute Resolution Insights
Understanding the Differences in the Enforcement of Arbitration Awards and Expert Determinations
Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd Circuit U.S. Court of Appeals that includes important lessons for…
A Review of Leading Developments in U.S. Courts
We review four major decisions relating to U.S. arbitration that have been decided by the U.S. Court of Appeals, the U.S. Supreme Court or have been granted certiorari.[1]
In the first, the Coinbase, Inc. cases, the Supreme Court agreed…
Trends in Project Delivery Methods in the United States
The three key measures of a construction project’s success are cost, quality and time (delays). The project delivery method that the owner of the project selects can affect each of these metrics. Project delivery methods in complex construction projects evolve…
Can An International Arbitration Award Be Vacated When The Seat Of Arbitration Is The US Or US Law Is The Substantive Law?
Under existing precedent in the 11th Circuit, which includes Florida, federal courts cannot overturn international arbitration awards on the ground that the arbitrators “exceeded their powers,” a frequently invoked ground for overturning domestic arbitrations. But, in Corporacion AIC, SA v.…
Does An Appeal Of A District Court’s Denial Of A Motion To Compel Arbitration Automatically Stay The Case?
The appeals courts for the 3rd, 4th, 7th, 10th, 11th, and D.C. Circuits have ruled that a non-frivolous appeal of a district’s court’s denial of a motion to compel arbitration divests a district court of jurisdiction over the case while…
The Future has Arrived – New Technologies in Construction
The construction industry has traditionally been slow to adapt to new technologies, but things are changing.
Construction companies are keen to control costs (including increased costs due to supply chain issues), improve efficiency, maintain productivity while dealing with labor shortages,…
Ninth Circuit Rules that Federal Courts Have Jurisdiction to Enforce SummonsesIssued by Arbitrators in International Arbitrations under the New York Convention
Reversing a district court decision, the U.S. Court of Appeals for the 9th Circuit recently ruled that federal district courts have jurisdiction to enforce a summons issued by arbitrators in international arbitrations that are subject to the United Nations Convention…
The Supreme Court Slams the Door on the Use of Federal Courts to Obtain Discovery in Aid of Foreign and International Arbitrations Before Private, Non-Governmental Adjudicatory Bodies
The United States Supreme Court this week resolved an important issue regarding international arbitrations by ruling that, contrary to what at least two appellate courts had previously ruled, a U.S. statute that authorizes federal courts to order discovery “for use…
U.S. Supreme Court Rules That Petitions to Confirm or Vacate Arbitration Awards Cannot Be Brought In Federal Court Simply Because the Underlying Dispute Involves a Federal Question
The U.S. Supreme Court has ruled that, unlike petitions to compel arbitration, petitions to confirm or vacate an arbitration award cannot be brought in federal court simply because the underlying dispute involves a federal question. The Supreme Court’s 8-1 decision…