Category: Enforcement – Arbitration Agreements
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Waiving the right to arbitration in class actions. Overview of recent decisions from the First, Third, and Seventh Circuits
Under the Federal Arbitration Act (“FAA”), 9 U.S.C. § 3, if a suit is brought in any U.S. court upon an issue referable to arbitration, a party may petition the court to stay the trial of such an action until the arbitration has been had in accordance with the agreement,…
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Second Circuit: Article II, Section 3 of the New York Convention Is Self-Executing
In Certain Underwriters at Lloyd’s v. 3131 Veterans [1], the Court of Appeals for the Second Circuit reversed its precedent that Article II, Section 3 of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”) is not self-executing, which was established in 1995 in Stephens v. American…
