by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Employers’ Innovative Network, LLC v. Bridgeport Benefits, Inc., 144 F.4th 571 (4th Cir. 2025), the United States Court of Appeals for the Fourth Circuit addressed the status of arbitral challenges at several stages of the proceedings, pointing out along the way that a lower court’s […]
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by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Guardian Flight LLC v. Medical Evaluations of Texas, 140 F.4th 613 (5th Cir. 2025), the United States Court of Appeals for the Fifth Circuit confronted for the first time the scope, applicability and interplay of the Independent Dispute Resolution process (“IDR”), established by the so-called […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Yanez v. Dish Network, LLC, _____ F.4th _____, 2025 WL 1671611 (5th Cir. 2025), the United States Court of Appeals for the Fifth Circuit confronted for the first time the scope and applicability of the Supreme Court’s recent decision in Smith v. Spizzirri, 601 U.S. […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Certain Underwriters of Lloyds, London v. 3131 Veterans Blvd LLC, _____ F.4th _____, 2025 WL 1335829 (2d Cir. 2025), the United States Court of Appeals for the Second Circuit confronted the question of the interplay between state laws barring arbitration of insurance claims and the New […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Fu Jing Wu v. Chun Liu, 131 F.4th 1295 (11th Cir. 2025), the United States Court of Appeals for the Eleventh Circuit recently addressed a question rarely encountered at the appellate level: the interplay between arbitration and appellate jurisdiction in the context of a removed […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Baker Hughes Saudi Arabia Company Limited v. Dynamic Industries, Incorporated, Saudi Arabia Limited, 126 F.4th 1073 (5th Cir. 2025), the United States Court of Appeals for the Fifth Circuit addressed a question of first impression about the obligation on a court to assess arbitrability when […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Hansen v. Musk (yes, that Musk), 122 F.4th 1162 (9th Cir. 2024), the United States Court of Appeals for the Ninth Circuit addressed a question of first impression about the impact of an arbitration award on an ongoing dispute where the arbitration of certain other […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In ConocoPhillips Petrozuata BV v. Bolivarian Republic of Venezuela, _____ F.4th _____, 2024 WL 4986937 (3d Cir. 2024), the United States Court of Appeals for the Third Circuit addressed a situation involving two arbitrations, one before ICSID, and one before the International Chamber of Commerce. The […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Pezold v. Republic of Zimbabwe, _____ F.4th _____, 2024 WL 4763943 (D.C. Cir. 2024), the United States Court of Appeals for the District of Columbia Circuit determined that in a proceeding to enforce an arbitration award, the issue of subject matter jurisdiction raised by the […]
Introduction. In In Re Ex Parte Application for Order to Take Discovery Pursuant to 28 U.S.C. §1782 from Goldberg Lindsay & Co., _____ F.4th _____, 2024 WL 3170983 (2d Cir. 2024), the United States Court of Appeals for the Second Circuit determined that even in light of recent restrictive decisions by the U.S. Supreme Court […]
