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Introduction. In NextEra Energy Global Holdings B.V. v. Kingdom of Spain, ___ F.4th ___, 2024 WL 3837484 (D.C. Cir. 2024), the United States Court of Appeals for the District of Columbia Circuit addressed two issues: the jurisdiction of an American court to evaluate an arbitration award issued by an international panel with its seat in […]

Not In My Backyard

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by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In WeBuild USA v. WSP USA, _______ F.4th _______, 2024 WL 3463380 (2d Cir. 2024), the United States Court of Appeals for the Second Circuit addressed the issue of the authority of a United States District Court to address a discovery request available to a party […]

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by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Work v. Intertek Resource Solutions, Inc., 102 F.4th 769 (5th Cir. 2024), the United States Court of Appeals for the Fifth Circuit addressed for the first time the impact upon the issue of determining the scope of arbitrability when incorporating a private arbitration provider’s Rules […]

Equitable Estoppel in International Arbitration Disputes

by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Bufkin Enterprises LLC v. Indian Harbor Ins. Co. et al, ____ F.4th ____, 2024 U.S. App. LEXIS 5176 (5th Cir. 2024), the United States Court of Appeals for the Fifth Circuit addressed a rare arbitration question: the extent to which equitable estoppel applies to compel […]

Not So Fast! Proper Jurisdiction for Award Confirmation

by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Conti 11. Container Schiffarts-GMBH & Co. KG M.S., MSC Flaminia v. MSC Mediterranean Shipping Company, S.A., ____ F.4th ____, 2024 U.S. App. LEXIS 1928 (5th Cir. 2024), the United States Court of Appeals for the Fifth Circuit recently addressed a rare arbitration problem: proper personal […]

Excellent Class at the Successful ARF Course in Austin, Texas

The Accelerated Route to Fellowship Course Plus Exam was held in Austin, Texas, on June 12-13. The course took place in McGinnis Lochridge’s relatively new offices, and the discussion leaders have advised there was an exceptional and knowledgeable group. There is every reason to expect that there will be 11 new Fellows in due course. […]

As you may know from the post in Upcoming Events and Featured Programs, three NAB members and a Fellow from the New York Branch are presenting during California International Arbitration week. However, did you know that there are at least the 14 additional NAB members who are speaking during the event?  The following will be […]

The Hon. Louise LaMothe FCIArb, will be one of the women featured in a video at CIArb’s International Women’s Day. CIArb’s International Women’s Day Event is Free and takes place virtually on March 8 at 10 am GMT. Read about it and register: https://www.ciarb.org/events/international-womens-day-2022-break-the-bias/ It promises to be a good program. After you hear from […]

New Chapter Being Formed for Pennsylvania and Ohio

A new chapter of the Chartered Institute of Arbitrators is being formed to cover Pennsylvania and Ohio. The effort is led by Professor Charles T. Kotuby Jr. FCIArb from the University of Pittsburgh School of Law, who left the international arbitration practice at Jones Day in Washington DC last year to focus on academic and […]

The Board of Trustees of CIArb previously approved Terms of Reference for the revised Audit and Risk Committee, and the new Nominations and Governance Committee and Finance Committee. An organisation called Prospectus has been engaged to assist with the recruitment onto these committees – recruitment is now live at live. https://jobs.prospect-us.co.uk/jobs/details/hq00179474 Please share the link […]

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