In a case anticipated by international arbitration practitioners, the United States Supreme Court unanimously held that only governmental or intergovernmental adjudicative bodies, not private adjudicative bodies, constitute “foreign or international tribunals” under...
Boston is known as the “Hub” for a reason and, in recent years, Boston has become the world’s top biotech hub, with over 1,000 biotech companies calling the Greater Boston area home. Boston also is a world-renowned educational hub, with over one hundred colleges and...
The United States Appeals Court for the District of Columbia recently affirmed the dismissal of a case seeking modification or vacatur of an arbitration award in favor of the International Monetary Fund (“the IMF”) on the grounds the IMF had not explicitly waived its...
In a recent case from the District of Columbia Circuit, Process and Industrial Developments Ltd. v. Federal Republic of Nigeria, the DC Circuit allowed an arbitration enforcement action to proceed against Nigeria despite a foreign court’s setting aside of the arbitral...
A recent case out of the Seventh Circuit, Bartlit Beck LLP v. Okada, dealt with a common question about arbitration: what happens when the other side refuses to participate. In Bartlit Beck, that law firm had represented Kazuo Okada in a multi-billion dollar lawsuit...
In Granger v. Nesbitt, the District Court for the District of Massachusetts exercised its discretion to quash service instead of dismissing the case despite the plaintiff’s untimely and improper service on the Canadian defendants. The case involved a car accident that...
The general default rule in international law is that the lex arbitri—i.e., the law of the place where arbitration is to take place (the seat)—governs the arbitration and the arbitration clause, while the choice-of-law provision governs the substantive provisions of...
The First Circuit Court of Appeals recently clarified the standard District Courts in the circuit should be using to rule on motions to compel arbitration under the Federal Arbitration Act (“FAA”). In Air-Con, Inc. v. Daikin Applied Latin America, LLC, the First...
A letter rogatory is a formal request from a court in one country to a court in another country to perform some act. In the United States, common types of letters rogatory are requests for evidence, often document requests. Often, such letters rogatory seek documents...
The world has grown more accustomed to doing business virtually during the COVID-19 pandemic. As the vaccine rollout progresses, and businesses and lawyers ponder a future post-pandemic, the question arises: what permanent changes to the business world will this...
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