In a request that highlights the benefits of international arbitration, Plaintiff Jiewen Lin has filed a Petition to Confirm and Enforce a Foreign Arbitration Award against several Defendants. The case is pending before Judge O’Toole in the U.S. District Court for the...
International Arbitration
Life Sciences Companies Increase the Use of International Arbitration
As a natural result of their expansion even further into the global market, life sciences companies have increasingly relied on international arbitration to resolve disputes, joining a growing number of industries that have made a similar move in recent years. There...
The Use of International Arbitration for Banking and Finance Disputes: Tailoring the Arbitration Clause
As we have pointed out before, the use of international arbitration for banking and finance disputes continues to grow. The International Chamber of Commerce also recently came out with a report discussing this growing trend for financing disputes. If you have...
U.S. Supreme Court Allows Non-Signatories to Enforce Arbitration Agreements
In GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, the United States Supreme Court was presented with the question whether domestic equitable estoppel doctrines that allow a non-signatory to an arbitration agreement to compel arbitration in disputes...
Arbitrating Against Chinese Companies: Recent Developments from the HKIAC
When foreign companies do business with Chinese companies, international arbitration can be a key tool for dispute resolution, as it avoids either having a foreign court judgment that is unenforceable in China or having to deal with Chinese courts and home-court...
On What Grounds Can an International Arbitration Award Be Vacated?
Your U.S. company and a commercial partner from a foreign nation had the foresight to designate international arbitration as the dispute resolution mechanism in your joint venture agreement. A dispute arose and you both diligently presented your claims to the arbitral...
Banking and Finance Use of International Arbitration Continues to Grow
International arbitration has many benefits for banking and finance disputes, and parties to those disputes are increasingly recognizing those advantages. While banks and financial institutions have traditionally used courts and other judicial forums to resolve...
The New York Convention Preempts State Law Regulating The Business of Insurance – Fifth Circuit Affirms Dismissal In Favor of Arbitration
In McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch (5th Cir. 2019), the Fifth Circuit recently held that the New York Convention trumps state insurance law. When its insurance claim was denied, McDonnel Group, LLC ("McDonnel") sued the insurers seeking a...
Handling your First International Arbitration
It was bound to happen eventually. Maybe your company just went global or maybe they've been working internationally for years. But eventually, whether through some mistake in translation in an international contract, some global or local change in circumstances, or...
Enforcement of International Arbitration Agreements Belongs in Federal Court
In the United States, the Federal Arbitration Act ("FAA") provides the rules that govern most arbitrations, and is binding on both state and federal courts. See 9 U.S.C. § 1 et seq. But the FAA is "something of an anomaly" in federal legislation as it "bestow[s] no...
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