November 2011 – Associate Jennifer Gorskie has published a feature article with Global Arbitration Review discussing the US Court of Appeals for the Second Circuit’s recent decision in In re American Express Financial Advisors Securities Litigation, ___ F.3d ___ , 2011 WL 5222784 (2d Cir. Nov. 3 2011). The decision confirms the power of federal courts to enjoin arbitration proceedings in the absence of an arbitration agreement. Prior to the decision, the Second Circuit had twice declined to rule on whether anti-arbitration injunctions were permissible under the Federal Arbitration Act. The decision clarifies that anti-arbitration injunctions are permissible under the FAA, but narrowly defines the circumstances in which such injunctions should issue. Jennifer’s article comments that the decision leaves several questions unanswered, including whether injunctions of international arbitrations are compatible with the New York Convention on the Recognition and Enforcement of Arbitral Awards.
Please contact Jennifer at 212-657-6941 or firstname.lastname@example.org with any questions or to request a copy of the article.