November 2019 – The initial installment of Chaffetz Lindsey’s Arbitration in the Courts report is now available. Recent case summaries to keep you informed on new developments, and reminded of old ones. For our full report and copies of the decisions, click here.
Federal Court in New York Refuses to Recognize Foreign Arbitral Award Set Aside at the Seat
Nigerian court’s decision to set aside award is entitled to comity.
Sixth Circuit Holds That U.S. Courts May Order Discovery for Use in Foreign Arbitration
Private arbitral tribunals constitute a “foreign or international tribunal” under statute authorizing discovery in aid of foreign proceedings..
The D.C. Federal Court Gracefully Avoids the Achmea-Mania
European Court of Justice’s Achmea decision does not preclude enforcement of arbitration award under Romania-Sweden BIT where claims concerned events pre-dating Romania’s accession to the EU.
Fifth Circuit Holds Court Decides Whether Claims are Arbitrable Despite Arbitration Clause’s Incorporation of the AAA Rules
Incorporation of institutional rules not sufficient to delegate arbitrability to the arbitrators where clause clearly carves-out claims for injunctive relief.
Illustrations by Hank Blaustein
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