Welcome to Arb Law
Welcome to the Arb Law Arbitration Blog! Here, you will find the latest posts covering topics relevant to both businesses involved in arbitration and arbitration practitioners.
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Vacating Non-Domestic Arbitral Awards: Eleventh Circuit Precedent and Practical Implications
6–10 minutesIn the last two years, the legal framework for vacating non-domestic arbitral awards in the Eleventh Circuit significantly evolved, affecting arbitration users choosing Miami as their seat of arbitration. This article focuses on the landmark… Read more
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The (New) Energy Charter Treaty—overview of the adopted modernization
12–18 minutesOn December 3, 2024, the Energy Charter Conference adopted and approved the modernization of the Energy Charter Treaty (ECT) and its Annexes. This post discusses the changes introduced by the new text of the ECT… Read more
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Seventh Circuit Clarifies Arbitration Precedents: Staying Proceedings and Claim Preclusion
5–7 minutesIn National Casualty Company v. Continental Insurance Company [1], the U.S. Court of Appeals for the Seventh Circuit altered its previous precedent and confirmed that a court should stay proceedings due to arbitration only if a… Read more
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D.C. Circuit says New York Convention applies to investment arbitration awards, but the Supreme Court may have the last word
9–14 minutesIn Zhongshan Fucheng Industrial Investment Co. Ltd. v. Federal Republic of Nigeria, the D.C. Circuit affirmed the applicability of the New York Convention to non-ICSID arbitration awards. However, Nigeria’s pending petition to the Supreme Court… Read more
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Consolidation and Guerrilla Tactics
5–8 minutesContractual relationships can range from simple to complex, involving multiple parties and contracts. Effective dispute resolution mechanisms are crucial to avoid costly parallel proceedings. Consolidation of arbitrations can streamline the process. However, opposition tactics may… Read more
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D.C. Circuit Upholds U.S. Jurisdiction Over Intra-EU Energy Charter Disputes but Limits Anti-Suit Injunctions Against Spain
10–14 minutesIn the cases of NextEra Energy Global Holdings B.V. v. Kingdom of Spain, 9REN Holding S.A.R.L. v. Kingdom of Spain, and Blasket Renewable Investments LLC v. Kingdom of Spain, the U.S. Court of Appeals for… Read more
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Section 1782 in the context of international arbitration—current developments
8–12 minutesIn course of a dispute, parties may consider it useful to seek court assistance to obtain discovery of certain documents from another party. In the United States the scope of court assistance in case of… Read more
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Sovereign immunity arbitration exception does not require a signature under the agreement
7–10 minutesFSIA’s arbitration exception may exclude the immunity of a sovereign state even if it did not sign the arbitration agreement so long as it is bound by it under applicable ordinary contract law principles. Read more
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Arbitration or litigation? Top eight characteristics to consider
3–4 minutesWhen entering into a contract, parties typically want to focus on the positive value that the contract creates. However, this value will depend on whether the contract is properly performed. And the performance of the… Read more
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Introduction to arbitration
5–7 minutesArbitration is a confidential means of resolving dispute outside of the court system with an outcome that is binding on the parties that agreed to it equally as a court judgment would. So how does… Read more
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