As the U.S. Supreme Court currently considers the issue of whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), the lower courts continue to receive applications for discovery assistance in
Global Dispute Resolution Insights
Global Dispute Resolution Insights, published by Fox Rothschild LLP, covers developments and legal analysis related to international dispute resolution, including arbitration and litigation. The blog addresses topics such as trade and customs disputes, arbitration procedures, enforcement of arbitral awards, and cross-border commercial conflicts. It also discusses significant court decisions affecting arbitration and related procedural issues, as well as legislative and regulatory changes impacting international dispute mechanisms. The blog provides updates on cases involving sovereign immunity, jurisdictional challenges, and enforcement of judgments in multiple jurisdictions, with a focus on practical implications for businesses and legal practitioners engaged in global dispute resolution.
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Petition Seeks Supreme Court Review of Standard for Determining Federal Court Jurisdiction Over Motions to Confirm or Vacate Arbitration Awards
An employee of a Louisiana financial service company who lost in an employment-related arbitration is asking the U.S. Supreme Court to resolve an arbitration-related issue that has divided the circuit courts: Do federal courts have subject-matter jurisdiction to confirm or…
Insolvency and Arbitration Proceedings – Are They So Happy Together?
Insolvency proceedings can create potential roadblocks for arbitration proceedings that require careful navigation. Arbitration proceedings are private contractual proceedings intended to resolve individual claims. In contrast, insolvency proceedings are public proceedings intended to resolve claims collectively. Yet, an arbitration within…
Fox Rothschild’s Attorneys Publish Law360 Article On Recent ICDR Updates
Erika Levin, Oksana Wright and Michael Lieberman discuss, in a Law360 article, new Article 21 of the 2021 ICDR Rules, which specifically reinforces the tribunal’s authority to rule on its own jurisdiction without the involvement of the courts.
Revised ICDR 2021 Rules Are Now In Effect
Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”). The ICDR’s amendment became effective on March 1, 2021. The amendments, according to the…
U.S. Supreme Court Agrees to Review Whether Federal Courts Can Order Discovery in Aid of Private International Arbitrations under 28 U.S.C. 1782(a)
In our recent post, we discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which authorizes U.S. district courts to…
Israel Becomes Third Signatory To 2019 HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters
On March 3, 2021, Israel signed the HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Convention”). Israel became the third State to sign the Convention, joining Uruguay and Ukraine.…
Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case
The parties in a $238-million dispute over the construction of the third set of locks for the Panama Canal is raising issues concerning alleged conflicts of interest on the part of the International Chamber of Commerce (“ICC”) arbitrators in the…
Uncertainty Continues Over Whether Federal Courts Can Order Discovery in Aid of International Arbitrations
As we have discussed in previous posts, federal appeals courts in the United States are split over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which authorizes U.S.…
2021 ICC Rules Update Aims At Greater Efficiency, Flexibility, And Transparency and Addresses COVID-19 Issues
The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve efficiency, flexibility and transparency, and address challenges and concerns related to the COVID-19…