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Arbitration Act
The McCarran-Ferguson Act and Reverse Preemption Part II
April 18, 2014
Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1]Incorporating both...
April 18, 2014
Arbitration in the United States, in some shape or form, has been around since the early 20th century.[1]Incorporating both...
Protecting Arbitral Jurisdiction of The Merits With a Foreign Anti-suit Injunction
November 5, 2013
The pro-arbitration foreign anti-suit injunction is not mentioned in the text of the New York Convention or the U.S. Arbitration Act (FAA). But its importance to the enforcement of agreements to arbitrate transnational disputes is considerable. To be reminded of this, read a recent New York federal district court decision granting such an injunction:Bailey Shipping Ltd. v. American Bureau of Shipping, 2013 WL 5312540 (S.D.N.Y. Sept. 23, 2013). Or continue reading this Commentary. A definitional...
November 5, 2013
The pro-arbitration foreign anti-suit injunction is not mentioned in the text of the New York Convention or the U.S. Arbitration Act (FAA). But its importance to the enforcement of agreements to arbitrate transnational disputes is considerable. To be reminded of this, read a recent New York federal district court decision granting such an injunction:Bailey Shipping Ltd. v. American Bureau of Shipping, 2013 WL 5312540 (S.D.N.Y. Sept. 23, 2013). Or continue reading this Commentary. A definitional...
