Second Circuit Reaffirms Its View on Section 1782 and Private International Arbitration
Sharpening a split with sister circuits, the Second Circuit has now affirmed its position that private arbitral bodies are not "tribunals" under 28 U.S.C. § 1782. For the time being, then, if your dispute is in international arbitration administered by an entity...
Maintaining Confidentiality in Arbitration
We often hear that arbitration affords a level of confidentiality that courtroom proceedings do not. While that is true to an extent, it requires some qualification: It is the parties who must, by agreement or request to...
Sour Chilean Grapes and Specific Performance of Contracts In International Arbitration
[caption id="" align="alignnone" width="774"] A winery investment dispute gives the Eleventh Circuit a chance to validate District Court powers in confirming arbitral awards.[/caption]
In the second of two cases considering Latin American arbitration arising under the Panama Convention, the Eleventh Circuit reminds us that arbitrators have the same...
When Venue is Worth Fighting Over: Behind The Supreme Court Decision That Nonsignatories Can Enforce Arbitration Agreements
by Andrew Flake
The Supreme Court’s June 1 decision in GE Energy Power Conversion France SAS v. Outokumpu Stainless USA, LLC clarifies that if state law permits, nothing in the New York Convention prevents a non-signatory to an arbitration agreement from to force arbitration under an estoppel theory. While it is a...