No Sovereign Immunity in Nigerian Trade Zone Dispute; D.C. Circuit Affirms New York Convention Applies to Broad Range of Investor-State Arbitral Awards

by Andrew Flake

When does a foreign government, under its commerce-related treaties, move from acting as a sovereign to acting as a business partner in a deal, thereby submitting to arbitration of claims by private parties involved in the deal?

No Sovereign Immunity in Nigerian Trade Zone Dispute; D.C. Circuit Affirms New York Convention Applies to Broad Range of Investor-State Arbitral Awards Continue reading…

Another Lock Sealed: Second Circuit Applies ZF Automotive to Foreclose Section 1782 Discovery in ICSID Arbitration

by Andrew Flake

In an earlier post on the ZF Automotive decision, I projected that there was some "play in the joints" for arguing over whether certain tribunals would be considered "foreign or international, but that "for now, we know private commercial arbitration — and even...

Another Lock Sealed: Second Circuit Applies ZF Automotive to Foreclose Section 1782 Discovery in ICSID Arbitration Continue reading…

Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate

by Andrew Flake

Clash of the forums: Two parties to a contract, an arbitration clause, and a dispute over the breadth of the clause. When the plaintiff files its complaint in court, intending to move forward with litigation, the defendant counters with a motion to compel arbitration.

Georgia Court of Appeals Considers “Conduct-Based Waiver” of the Right to Arbitrate Continue reading…

Cards, Cookies, and the Supreme Court’s Coinbase v. Bielski Opinion: Mandatory Stay Now Required on Appeal of Denied Motion to Compel

by Andrew Flake

Summer is beach season, and when my family travels, we'll usually bring a few decks of cards with us. When my children were younger, that meant we played a lot of "War." You know the game --...

Cards, Cookies, and the Supreme Court’s Coinbase v. Bielski Opinion: Mandatory Stay Now Required on Appeal of Denied Motion to Compel Continue reading…