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First Thoughts on Stolt-Nielsen: When Deference is Not Due

The Supreme Court’s decision today in Stolt-Nielsen S.A. v. Animalfeeds International Inc., No. 08-1198, slip op., April 27, 2010, ends months of speculation about whether the Court would clarify the status of the “manifest disregard” disregard doctrine. The District Court in Stolt-Nielsen had relied upon the manifest disregard doctrine, before the Hall Street case, in […]

The Stolt-Nielsen Decision: Class Arbitration Absent Express Consent Violates FAA

The Supreme Court of the United States today held that arbitrators exceed their powers under the Federal Arbitration Act when they impose class arbitration on parties that have not expressly agreed to class arbitration. The Court reversed a decision of the U.S. Court of Appeals for the Second Circuit, which held that the parties’ agreement […]

Judicial Arbitrability Decisions in FINRA Arbitration: Has Competence-Competence Go Awry?

Former Lehman Brothers CEO Richard Fuld last week failed to convince a federal district judge in New York to enjoin a FINRA arbitration against him arising from a Lehman bond sale in 2006. In this latest of several court decisions concerning arbitrability of pending FINRA arbitrations, Lehman’s erstwhile leader moved to enjoin the arbitration after […]

Chevron-Texaco v. Ecuador: The Measure of Damages for Denial of Justice-Type Claims

Ecuador’s violation of what I have called the “Effective Means” Clause of the US-Ecuador BIT (Art. II(7)) meant that Chevron-Texaco was entitled to recover the damages, if any, proximately caused by the non-adjudication of its breach of contract claims in the courts of Ecuador for an unreasonably long period of time. The teams of American […]

The Alter Ego Doctrine and Foreign Sovereign Immunity

Dear Readers My general website carries a commentary on an important new decision of the federal district court in Manhattan permitting attachment and execution against funds of the Argentine Central Bank at the New York Federal Reserve Bank, to satisfy bondholders’ judgments against the Republic of Argentina. Click through to my general website at the […]

Chevron-Texaco v. Ecuador: A Partial Report on the Partial Award on the Merits

Readers of Arbitration Commentaries may generally rely upon its principal author to read cases from beginning to end before reporting upon them in this corner of Cyberspace. But whereas the Arbitral Tribunal in Chevron-Texaco v. Republic of Ecuador has seen fit to deliver a Partial Award on the Merits that runs to 265 pages, it […]

Article VI of the New York Convention: Discretion to Suspend or Proceed With Enforcement During Set-Aside Proceedings Abroad

I briefly note here two recent cases in the federal district court in Washington, D.C., in which the judges refused to grant foreign governments stays of enforcement of awards against them, under Article VI of the New York Convention, based on proceedings pending in foreign courts to set aside the awards. (G.E. Transport S.P.A. v. […]

An Aside: Introducing The Counsel Culture Corner

Dear Readers: At my general website, I have introduced a new dimension entitled Counsel Culture Corner. There you will find current listings for the performing arts and artists’ exhibitions in leading arbitral venues — at this time New York, Paris, London, Hong Kong and Toronto. These pages also contain links to key arbitral resources of […]

FINRA Arbitration and the US Financial Crisis

Dear Readers: At my general website, you will find commentaries on two recent federal court cases involving efforts by offshore hedge funds to use the arbitration mechanism of the Financial Institutions Regulatory Authority (FINRA) to recover losses sustained on credit default swaps. To reach the website, click on the link at the bottom of this […]