Enforcing New York Convention Awards In the United States: Getting It Right
In the course of its decision in GBF Industria de Gusa S/A v. AMCI Holdings, 850 F.3d 58 (2d Cir. 2017), cert. den., 138 S.Ct. 557 (2017), the U.S. Court of Appeals for the Second Circuit referred to the “confusion” that sometimes accompanies applications to U.S. district courts to reduce arbitration awards to judgment. It went on to provide the following guidance for the avoidance of such confusion in the future:
… we encourage litigants and district courts alike to take care to specify explicitly the type of arbitral award the district court is evaluating (domestic, nondomestic, or foreign), whether the district court is sitting in primary or secondary jurisdiction, and, accordingly, whether the action seeks confirmation of a domestic or nondomestic arbitral award under the district court’s primary jurisdiction or enforcement of a foreign arbitral award under its secondary jurisdiction.
Project Spotlight: Restatement of the Law, Liability Insurance
This feature takes a detailed look at the life of an ALI project, examining the process through the lens of the Liability Insurance Restatement.
Judicial Involvement in Arbitration
U.S. Law of International Commercial and Investment Arbitration Reporter George A. Bermann and Associate Reporter Christopher R. Drahozal discuss the role courts may play throughout the lifecycle of arbitral proceedings.
Judge rules 9/11 lawsuit against Saudi Arabia can proceed
A lawsuit accusing the Saudi Arabian government of complicity in the Sept. 11 terrorist attacks, and seeking billions of dollars in damages, can go forward, a judge ruled Wednesday.
Comparative International Law, Foreign Relations Law and Fragmentation: Can the Center Hold?
Foreign relations law focuses on the domestic institutions that conduct a state’s relations with foreign actors, whether states, international organizations, or foreign persons. One of its tasks is to intervene between international and domestic law.
California Supreme Court upholds collection of DNA from suspected felons not yet convicted of a crime
The California Supreme Court ruled Monday that authorities are legally entitled to collect DNA from suspected felons when they are booked into local lockups, overturning a lower court ruling that questioned the constitutionality of the practice.
The ALI Adviser is intended to inform readers about the legal topics and issues examined in many of ALI’s current projects; posts do not necessarily represent the position of the Institute taken in those projects. Posts on The ALI Adviser are written by ALI project participants, ALI members, and outside sources. Completed work is available to purchase online.