Margaret Moses

On the 60th anniversary of the New York Convention, we can generally conclude that the public policy basis for refusing to enforce an arbitration award has for the most part worked as the drafters…

The IBA Guidelines on Conflicts of Interest focus on when an arbitrator should disclose potential conflicts, as well as when he or she should simply not accept appointment. For the most part, they do…

There have been increasing calls over the past few years for an international code of conduct for counsel in international commercial arbitration, and for arbitrators to have more power to control…

The new Recast Brussels I Regulation, which governs the jurisdiction of courts and the recognition and enforcement of judgments in the Member States of the European Union, has taken the strong…

The addition of the good faith requirement to the 2010 IBA Rules on the Taking of Evidence in International Arbitration has been criticized in a recent law review article.  In Good Faith, Bad Faith,…

One purpose for anti-suit injunctions is to stop parallel proceedings, that is, to stop parties from pursuing litigation or arbitration involving the same parties and the same claims in two different…

Stolt-Nielsen v. Animal Feeds, 130 S. Ct. 1758 (2010), is an extraordinary case. In Stolt-Nielsen, the U.S. Supreme Court vacated the award of a distinguished arbitral tribunal essentially because…