This year marks the 100th anniversary of the Federal Arbitration Act (FAA), a statute that has profoundly shaped arbitration not just in the United States, but around the world. As we pause to…
In the United States, 2024 brought a collection of refinements in the country’s arbitration jurisprudence, with courts issuing decisions that reinforced federal pro-arbitration policies and clarified…
The doctrine of sovereign immunity has long been a cornerstone of international law, shielding states from enforcement actions. Sovereign immunity can be subdivided in two: immunity from jurisdiction…
The third updated edition of the “Report on compliance with investment treaty awards by States” (the “2024 Report”) was released in November 2024. The Report was conducted in the summer of 2024 by…
Keeton v. Tesla addresses a significant question: whether a section of the California Arbitration Act (CAA) is preempted by the United States Federal Arbitration Act (FAA). The California Court of…
In a pivotal ruling on August 16, 2024, the U.S. Court of Appeals for the D.C. Circuit (“Appellate Court”) addressed whether intra-EU arbitration awards issued under the Energy Charter Treaty (“ECT”)…
The chasm between the Section 1782 and arbitration worlds just got wider. In Webuild S.p.A. v. WSP USA Inc. (“Webuild S.p.A.”), the Second Circuit determined that a tribunal in an arbitration…
On March 11, 2024, in Swinerton Builders, Inc. v. Argonaut Insurance Company, a district court in the Ninth Circuit found a valid arbitration agreement between the contractor, Swinerton Builders, Inc…
The second front can open in the United States (“U.S.”) for over 50 investment arbitration claims against the Kingdom of Spain ("Spain”) that are worth hundreds of millions of U.S. dollars combined…
