It is increasingly common for purchases and sales to cross international boundaries. When that happens, what law applies? First, the parties to a contract must look to the contract to determine what law applies. If the contract is silent, the United Nations...
Joining other courts that have addressed the same issue in their own jurisdictions, on July 27 the Commonwealth’s highest court decided Grubhub’s food delivery drivers are not a “class of workers engaged in ... interstate commerce” and, therefore, are not exempt from...
Last summer, experts predicted a significant uptick in international arbitrations (especially those held via international arbitral institutions) would outlast the COVID-19 crisis. Unfortunately, despite our strongest wish that COVID-19 would be behind us by this...
Last month, in an 8-0 decision, the United States Supreme Court held that a ramp supervisor for Southwest Airlines belonged to a “class of workers engaged in foreign or interstate commerce.” Thus, the employee was exempt from coverage under the Federal Arbitration Act...
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...
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