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Arbitration Agreements

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In Arbitration Agreements

Swedish Appeal Court rules that arbitral tribunal should not have heard Yukos claims

by 6 Mins Read

In its judgment of 18 January 2016[1], the Svea Court of Appeal overturned the Stockholm District Court’s judgment and approved the Russian Federation’s plea for negative declaratory relief. Contrary to the Stockholm District Court, the Svea Court of Appeal found that the arbitral tribunal lacked jurisdiction to adjudicate the claim made by Spanish investors against the Russian Federation originating from the alleged expropriation of the Spanish investor’s investments in Yukos Oil Company. The Svea Court…

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In Arbitrability

D.C. Circuit Defers to Arbitrators’ Decision on Arbitrability for FSIA Purposes

by 6 Mins Read

On August 4, 2015, the D.C. Circuit issued a decision in Chevron Corp. v. Republic of Ecuador, 795 F.3d 200 (D.C. Cir. 2015), affirming the district court’s deference to the arbitrators’ decision on arbitrability for purposes of finding subject matter jurisdiction under the Foreign Sovereign Immunities Act (“FSIA”) to confirm an international arbitral award against Ecuador. The D.C. Circuit also upheld the district court’s rejection of a challenge to the award’s confirmation under the Convention on the Recognition…

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In Arbitration Agreements

U.S. Supreme Court Enforces Another Arbitration Clause with a Class Action Waiver in DirectTV, Inc. v. Imburgia

by and 3 Mins Read

The U.S. Supreme Court has once again spoken decisively in favor of class action waivers in arbitration agreements. In DirecTV, Inc. v. Imburgia, the Court explained in no uncertain terms that “[t]he Federal Arbitration Act is a law of the United States, and Concepcion is an authoritative interpretation of that Act. Consequently, the judges of every State must follow it.” The Court thus reversed a decision of the California Court of Appeals that invalidated an…

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