In In Re Romanzi; Kenneth A. Nathan v. Fieger & Fieger, P.C., Nos. 20-2278/21-1004 (Mich. Ct. App. Apr. 8, 2022), the Michigan Court of Appeals affirmed that, where an arbitrators’ decision is challenged on brevity, the proper procedure is to remand the decision back to the arbitrators rather than vacate the award, and this action falls within the clarification-completion exception to functus officio.[1] Factual Background Attorney Craig Romanzi’s employment terms at Fieger & Fieger (“the…
Tethyan Copper Co. Pty Ltd. v. Islamic Republic of Pakistan, No. 1:19-cv-02424 (D.D.C. Mar. 10, 2022)[1] In 2006,…
The Supreme Court has issued only two decisions on Section 1782. In this Alert, we discuss the second…
Olin Holdings Ltd. v. State of Libya, No. 21-CV-4150 (S.D.N.Y. Mar. 22, 2022)[1] In the 1990s, Libya made a number of legislative changes to foster foreign investment. This included entering into a number of Bilateral Investment Treaties, one of which was with Cyprus (the “BIT”). The BIT included a dispute resolution provision that allowed disputes between one of the countries and an investor from the other country to be submitted to a court where the…
Citigroup Inc. v. Sayeg, No. 21-cv-10413 (S.D.N.Y. Jan. 20, 2022)[1] Factual Background Luis Sebastian Sayeg Seade (“Sayeg”) was…
In the Matter of the Application of New York State Department of Health, Petitioner, For an Order, Pursuant…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now available. This 15th edition looks at key developments in arbitration from the last year in 46 jurisdictions, including: New arbitral rules from major institutions such as including ACICA, AFSA, AIAC, ICSID, JAMS, JCAA, SWISS, and UNCITRAL.The increasing use of artificial intelligence and technology in arbitration, such as electronic filing and case management platforms, as well as virtual/hybrid…
District court recognizes and confirms a partial final arbitration award against a foreign sovereign and foreign government agency,…
First Circuit vacates grant of motion to compel arbitration, finding that the parties’ disagreement over which conflicting agreement…
No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…