Choice-of-Law Regarding Arbitrability With Non-Signatories: Wading Through the Morass

Before we part ways in flight to family hearths, groomed pistes, and pristine sandy beaches nearer to the Equator, let us return briefly to one of the favorite topics of Arbitration Commentaries and its readers:  arbitrability with non-signatories, and specifically the choice-of-law governing arbitrability in regard to non-signatories.   A war story begins today’s installment. […]

A Sensible Non-Application of Functus Officio to Divergent Partial and Final Awards

The functus officio doctrine returned to center stage this week, with a new decision in a New York Convention case from the U.S. Fourth Circuit Court of Appeals. Here, a partial award determined that a contract had been breached, but the subsequent final award determined that the same contract was unenforceable. In the circumstances, the […]

Intel “Discretionary Factors” Considered ln Chevron’s Section 1782 Cases

The efforts of Chevron Corporation to obtain evidence under 28 U.S.C. § 1782 for use in litigation in Ecuador’s courts  and in a BIT arbitration against the Government of Ecuador has given U.S. District courts in a number of jurisdictions the opportunity to consider the discretionary factors affecting the availability of section 1782 discovery. Such […]

Bankruptcy Court’s Rejection of Collateral Attack on Convention Award is Sustained

Observers of the relationship between the New York Convention and U.S. bankruptcy proceedings will take interest in a recent decision of a federal district court in Pittsburgh, in which the Court rejected the bankruptcy trustee’s attempt to collaterally attack an ICC arbitration award and the judgment entered on that award. G&G Investments, Inc. v. Buschmeier, […]