Category: Enforcement – Arbitral Awards
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Manifestly Rejected: Fifth Circuit Shuts Door on Expanded Vacatur
In US Trinity Energy Services v. Southeast Directional Drilling [1], the United States Court of Appeals for the Fifth Circuit had to decide whether an arbitration award may be vacated on the grounds of excess of authority by the arbitral tribunal if the excess is claimed on the grounds of manifest…
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U.S. Supreme Court to Rule on FSIA and Minimum Contacts
On March 3, 2025, the United States Supreme Court will hear arguments in the cases of CC/Devas (Mauritius) Limited v. Antrix Corp. Ltd. [1], and Devas Multimedia Private Ltd. v. Antrix Corp. Ltd. [2] The question presented to the Supreme Court is whether exercising personal jurisdiction over a foreign state…
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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
In 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 may significantly affect investor protections and enforcement of such awards in the U.S.