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USA - May 16 2013
In the span of less than a week, the U.S. Supreme Court issued its decision in Kiobel v. Royal Dutch Petroleum Co., a decision concerning the reach…
USA - January 2 2013
On December 21, 2012, the U.S. Court of Appeals for the Fifth Circuit issued its decision in First Investment Corporation of the Marshall Islands v…
USA - October 3 2012
On August 20, 2012, the United States Court of Appeals for the Second Circuit issued its ruling in EM Ltd. v. Republic of Argentina, which clarifies the scope of protection afforded to foreign states and their instrumentalities under the Foreign Sovereign Immunities Act (FSIA) in connection with post-judgment enforcement proceedings.
USA - October 1 2012
The U.S. Court of Appeals for the Second Circuit recently issued its decision in Schneider v. Kingdom of Thailand, a case in which the Court was asked to clarify the scope of the so-called “competence-competence” doctrine -- the doctrine holding that where parties authorize an arbitration tribunal to rule on its own jurisdiction, that agreement will foreclose de novo judicial review of the tribunal’s decisions -- in post-arbitration enforcement proceedings.
USA - September 5 2012
On August 8, 2012, the U.S. Court of Appeals for the Second Circuit issued its decision in Schneider v. Kingdom of Thailand, a case in which the Court of Appeals was asked to clarify the scope of the competence-competence doctrine—the doctrine holding that, where parties authorize an arbitration tribunal to rule on its own jurisdiction, that agreement will foreclose de novo judicial review of the tribunal’s decisions—in post-arbitration enforcement proceedings.
