Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the standard that courts should apply when considering whether to vacate
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Another Petition to U.S. Supreme Court Seeks Review of the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of Interests
The standard that courts should apply in deciding whether to vacate an arbitration award based on arbitrator conflicts of interest is drawing increased focus in appeals to the United States Supreme Court.
As this blog recently discussed, a consortium that…
Consortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of Interests
A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States Supreme Court to review a circuit court opinion that decline…
U.S. Supreme Court to Decide Whether Federal Courts Have Authority to Dismiss, Rather than Stay, Cases that Are Subject to Arbitration
The U.S. Supreme Court has agreed to decide an issue concerning cases that are subject to arbitration that has divided the federal appeals courts: when the claims at issue in a federal court suit are subject to arbitration, does the…
New York Caps Retainage at 5% On Private Construction Projects, Permits Contractors to Submit Final Invoice Upon Substantial Completion
New York has made changes to its Prompt Payment Act (N.Y. Gen. Bus. Law §756)
Legislation, which Gov. Kathy Hochul signed into law on November 17, 2023, provides that:
- retainage on private construction projects is capped at 5%; and
- a
…
IRS Provides Extensions for Taxpayers Impacted by Hamas Terrorism in Israel
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…
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.…