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
- Unconscionable Arbitration Agreements: The Impacts of Uber Technologies, Inc. v. Heller
- Federal Republic of Germany v. Philipp: Supreme Court Narrows the Scope of the FSIA’s Expropriation Exception to Sovereign Immunity
- US Discovery Related to Private International Commercial Arbitration: What Will the Supreme Court Say?
- What do you do if your international legal problems are not only cross-border, but are literally, “out of this world”? Go to Space Court, where the Judges will speak your language.
- International Investment and Commercial Arbitration: Not a Spectator Sport
- Looking to Compel Arbitration? Recent Supreme Court Decision Suggests Additional Tools are Available
- Welcome to the International Disputes Blog