International Litigation & Arbitration: September 2012 Archives

Lance Armstrong's Legal Battle Questions Fairness of Arbitration

Lance Armstrong's defense against the persistent doping allegations leveled against him, and the athlete's subsequent refusal to participate in the U.S. Anti-Doping Agency's prosecution of several doping-related charges against him, dominated sports headlines this summer. Interestingly, Armstrong's battle against the USADA also cast a spotlight on oft-cited concerns about due process in arbitration.

The International Effort to Regulate and Criminalize Cyberattacks

It was recently revealed that the United States government has been launching cyberattacks on Iran's nuclear enrichment program's computer systems for years, with the purpose of delaying and obstructing the development of what U.S. intelligence believes are nuclear weapons. These attacks, launched with the help of computer experts in Israel, were mostly contained to nuclear facilities. However, in the summer of 2010, one of the "worms" developed by the U.S. and Israel - nicknamed "Stuxnet" - broke through the network and began infecting computers on the worldwide Internet, leading to calls for increased regulation of cyberattacks.

Supreme Court Reaffirms FAA's Pro-Arbitration Policy

In a harshly worded per curiam decision, the U.S. Supreme Court recently reaffirmed the broad reach of the Federal Arbitration Act ("FAA") and restated that the FAA "reflects an emphatic federal policy in favor of arbitral dispute resolution." The FAA is the federal statute that regulates the relationship between the judicial process and arbitration.

Split Over Enforceability of Unsigned International Arbitration Agreements

Arbitration clauses international contracts have become increasingly common. Many global companies include arbitration provisions in their standard, pre-printed documents, such as estimates, purchase orders, and invoices. Are these arbitration clauses effective international commerce? The answer, surprisingly, is "probably not."

Supreme Court's Decision Partial Victory for Obama

On the last week of the current term, the Supreme Court announced its decision in the watershed case of Arizona v. United States, granting the Obama administration a partial victory over the state of Arizona and its efforts to expand the enforcement of undocumented immigration.

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