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Arbitrators’ Anti-Arbitration Injunctions: Beyond the Limits of Power?

Today’s topic is the power of the international arbitrator, or lack of it, to issue an anti-suit/anti-arbitration injunction in a final award.  Assume the parties have a commercial contract, and that an arbitrable dispute has arisen over whether Party A may as a remedy for a default foreclose upon common shares owned by Party B. Party […]

Can We Discern a Section 1782 Jurisprudence From the Chevron-Ecuador Cases?

Numerous federal district courts and a handful of federal courts of appeals have played a part in the ongoing investment treaty arbitration between Chevron Corporation and the Republic of Ecuador. They have entertained and for the most part have granted discovery applications addressed to non-parties residing in the United States, made pursuant to 28 U.S.C. […]

What We Learn from Canada’s Cargill Case: Judicial Review and the Core Competence of Investment Tribunals

It is the first day of the new hockey season in North America, a suitable occasion for Arbitration Commentaries to bring you content inspired by our neighbors in the Great White North. By now the news will probably have reached you that the highest appellate court of the province of Ontario, the Ontario Court of […]

Reasonable Relationship With A Foreign State: Thinking About the New York Convention’s Application to Disputes Between US Parties

Today Arbitration Commentaries briefly notes a new decision from a respected federal district judge in Houston, Texas, holding that a sale of goods contract that was between two US companies, but which provided for discharge of the shipped goods in a foreign port to be designated by the buyer created a sufficient international nexus to […]