International Commercial Arbitration Posts
Supreme Court Decides Extraterritorial Reach of Civil RICO Claims in Case Involving Foreign Arbitral Award
In a much-discussed decision, the U.S. Supreme Court permitted a Russian judgment creditor’s claims that a U.S. resident had violated the Racketeer Influenced and Corrupt Organizations Act by evading payment of a U.S. judgment enforcing a foreign arbitral award to go forward.
Analyzing 25 years of international investment dispute data, this Article’s findings challenge the conventional wisdom that the “ropes” are effective in chilling energy government policies.
Why Can’t We Be FRANDs?: Anti-Suit Injunctions, International Comity, and International Commercial Arbitration in Standard-Essential Patent Litigation
This Note recommends federal courts grant anti-suit injunctions in SEP litigation only under a restrictive test, rather than maintaining the current variation by circuit, and further suggests that Congress should codify this test. In the event of an injunction spiral that might preclude litigation altogether, SSOs should require the parties arbitrate the dispute before experts at the World Intellectual Property Organization. Together, litigation and arbitration can help preserve the interconnected and technologically compatible system currently in place around the world.
On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as a “foreign or international tribunal” within the meaning of Section 1782.
U.S. Supreme Court Narrows Availability of Court-Ordered Discovery in Aid of Proceedings before Foreign and International Tribunals
The U.S. Supreme Court has finally spoken on the statutory authority of U.S. federal courts to order discovery in aid of proceedings before foreign and international tribunals.
This article was originally published on SCOTUSblog.com on May 24, 2022. In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts.
A recent case before the Florida Supreme Court has found that the incorporation by reference of the American Arbitration Association (AAA) arbitration rules in Airbnb’s Terms of Service constitutes clear and unmistakable evidence of the parties’ intent to delegate questions of arbitrability away from the court and to the arbitrator.
The United States Supreme Court granted certiorari in two cases—ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, and AlixPartners, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, No. 21-518—to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”) to render assistance in gathering evidence for use in a “foreign or international tribunal” includes seeking evidence in aid of private commercial arbitrations or treaty-based arbitrations.
An article in The National Law Review assesses the varying actions taken by States pursuant of public health goals for Covid-19, and if, as a result of measures taken, a State has upheld its international law obligations to promote or protect foreign investment.
Samuel Estreicher, Rex Heinke and Jessica Weisel delve into an upcoming arbitration case before the Supreme Court of the United States that “asks the Court to resolve a circuit split over the role, if any, that federal courts should play in facilitating discovery in foreign arbitrations.”