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Amex Class Arbitration Case Takes Stride Toward Supreme Court Review

If there were ever an arbitration case ripening on the US Supreme Court’s certiorari vine for full judicial review, surely it is In re American Express Merchants Litigation, 667 F.3d 206 (2d Cir. Feb. 1, 2012), suggestion for rehearing en banc denied, 2012 WL 1918412 (2d Cir. May 29, 2012). At issue is the validity […]

Lack of Personal Jurisdiction Under the US Constitution in Award Confirmation Cases: Is It Time for a New Approach?

Access to US courts to enforce foreign arbitration awards covered by the New York Convention against State-owned companies is increasingly fraught with uncertainty rooted in American procedural doctrine. This difficulty was on display in the Second Circuit’s forum non conveniens decision in December 2011, dismissing an award confirmation action against the Government of Peru. The […]

Fifth Circuit Takes Strong Stance Against Class Arbitration Based on Stolt-Nielsen

A decision of the Fifth Circuit US Court of Appeals last week rejected an arbitrator’s award construing an arbitration clause as permitting class arbitration. (Reed v.  Florida Metropolitan University, Inc., 2012 WL 1759298 (5th Cir. May 18, 2012). The Court held that the arbitrator exceeded his powers by finding class arbitration permissible under the clause. […]

Staying Enforcement of Convention Awards: A Narrow Exception Remains So

We do not often hear about staying enforcement of an award that is subject to recognition and enforcement under the New York Convention – except of course in the scenario where a vacatur action is pending in a court at the seat of the arbitration. After all, the policy of the Convention and the FAA […]