International Disputes Blog

Following ZF Automotive, two New York district courts decisions, that ICSID arbitration panels in investor-sate arbitrations were not imbued with governmental authority and therefore not “foreign” or “international tribunals,” could indicate a direction that forecloses access to Section 1782 discovery...Read More

Puerto Rico takes steps to privatize power generation, which may improve the chances of future investment by other companies who may be (currently) concerned with ensuring payment for power generation projects to improve the island’s aging power grid.Read More

Russia passed a controversial law allowing sanctioned parties to apply to Russian courts for an anti-suit injunction prohibiting or requiring the immediate termination of foreign proceedings. If the claimant fails to comply and obtains an award against the sanctioned party, the Russian court can enter a judgment against...Read More

Clients seeking to resolve disputes by arbitration should analyze the circumstances surrounding the agreement to arbitrate, including opposing party’s expertise and form to which consent to the agreement to arbitrate was given.Read More

Last month, in Federal Republic of Germany v. Philipp, 141 S. Ct. 703 (2021), the United States Supreme Court revisited and narrowed the scope of the expropriation exception to sovereign immunity set forth in the Foreign Sovereign Immunities Act (“FSIA”).Read More

Seeking discovery in the United States in aid of a proceeding before a foreign or international tribunal is a useful and unique tool available under 28 U.S.C. § 1782. This statute provides that any “interested person” may make an application to a district court where the person from whom discovery is sought “resides or is...Read More

As the commercial space industry value tops $350 billion, Dubai sets up shop with a Space Court, which offers a unique venue where Judges will be experts in space-related international law and disputes.Read More

In Eiser Infrastructure Ltd. et al. v. Kingdom of Spain, claimant investors were successful in securing an arbitral award against Spain based on an ICSID tribunal’s finding that Spain failed to provide claimant investors with fair and equitable treatment under the applicable Energy Charter Treaty. Unfortunately for...Read More

New U.S. Supreme Court Opinion discusses an expansive view of the Federal Arbitration Act, holding that federal courts can apply domestic laws to fill in the gaps where the New York Convention is silent, as yet another basis for courts to compel a dispute to arbitration.Read More

This blog is written by Shutts attorneys who utilize their knowledge, experience, and language capabilities to represent clients in complex business disputes throughout the world.Read More