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…

The Availability of an “Exceeding Powers” Challenge to the International Arbitration Award: 11th Circuit to Revisit Longstanding Precedent

 

by Andrew Flake

One of the questions that continues to come up in international arbitrations, where they touch U.S. courts, is how Sections 1 and 2 of the Federal Arbitration Act work together. Generally, Section 1 applies to domestic arbitrations -- ones between...

The Availability of an “Exceeding Powers” Challenge to the International Arbitration Award: 11th Circuit to Revisit Longstanding Precedent Continue reading…

58 years is a good run: In ZF-Automotive, the Supreme Court Curtails Discovery Options for International Arbitration

by Andrew Flake

Visiting for a close friend's wedding, I had a chance this weekend to walk around the beautiful mountain community of Black Mountain, North Carolina. There's a little pond there, "Lake Susan," fed by mountain springs, that a local told me...

58 years is a good run: In ZF-Automotive, the Supreme Court Curtails Discovery Options for International Arbitration Continue reading…