One of the key challenges in the course of an international arbitration with a Mainland China based counterparty is the enforcement of interim measures granted by the tribunal. As a general rule, a Mainland court will not grant any interim
International Dispute Resolution
The International Dispute Resolution blog published by Seyfarth Shaw LLP focuses on legal issues and developments related to resolving disputes across international borders. It covers topics such as arbitration and litigation strategies, cross-border contract considerations, sovereign immunity, and the adaptation of standard legal forms for use in different jurisdictions. The blog also addresses regulatory changes affecting international commerce, including digital finance laws and employment law decisions impacting multinational employers. It provides insights into risk allocation, enforcement of foreign judgments and arbitral awards, and practical guidance for businesses engaged in global operations and dispute resolution.
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The Future of Bilateral Investment Treaty Arbitrations Between EU Member Countries
By James Newland & Owen Wolfe
Post Achmea and Komstroy, arbitration provisions in bilateral investment treaties have come into doubt with respect to intra-EU disputes between investors and EU member states. Most recently, the Contracting Parties to the Energy Charter Treaty (ECT) on June 24, 2022,…
US Supreme Court Clarifies the Scope of 28 U.S.C. § 1782
The federal statute 28 U.S.C. §1782 allows litigants in a foreign proceeding to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use has been expanding (which you can…
Supreme Court Rejects Prejudice Element of Waiver Analysis When Enforcing Agreements to Arbitrate
The Supreme Court on May 23, 2022, in its decision in Morgan v. Sundance, Inc., rejected the “arbitration specific waiver rule demanding a showing of prejudice” to the party opposing the petition to enforce the arbitration agreement. That rule had been…
Federal Court Addresses Central Bank Immunity and Authority to Waive Under Foreign Sovereign Immunities Act
In recent weeks sanctions against Russia’s central bank have prompted renewed buzz around the issue of sovereign immunity. The interpretation of the Foreign Sovereign Immunities Act (“FSIA”), specifically with relation to central banks, may become particularly important as sanctions continue…