Tethyan Copper Co. Pty Ltd. v. Islamic Republic of Pakistan, No. 1:19-cv-02424 (D.D.C. Mar. 10, 2022)[1] In 2006, Tethyan Copper Co. Pty Ltd. (“Tethyan”), an Australian company, entered into a joint venture with a Pakistani province, Balochistan, which provided that Tethyan could “explore potential copper and gold mining” in the province. In 2011, Tethyan applied to Balochistan for a lease to mine the Reko Diq deposit, one of the world’s largest copper-gold deposits, located in…
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…
Citigroup Inc. v. Sayeg, No. 21-cv-10413 (S.D.N.Y. Jan. 20, 2022)[1] Factual Background Luis Sebastian Sayeg Seade (“Sayeg”) was employed by Banco Nacional de México, S.A. (“Banamex”), a wholly-owned indirect subsidiary of Citigroup, organized under the laws of Mexico with a principal place of business in Mexico. During Sayeg’s employment with Banamex, Citigroup had in place various incentive plans (the “Plans”), which granted incentive compensation to its employees. All of the Plans contained arbitration clauses. Sayeg’s…
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…
District court recognizes and confirms a partial final arbitration award against a foreign sovereign and foreign government agency, rejecting arguments that the arbitration provision was illegal under foreign law, that the notice of arbitration was defective, and that the arbitration violated due process because it was conducted during the COVID-19 pandemic. Preble-Rish Haiti, S.A. v. Republic of Haiti, No. 21-cv-6704 (S.D.N.Y. Jan. 26, 2022).[1] Factual Background On May 13, 2020, Petitioner Preble-Rish Haiti, S.A. (“PRH”), a…
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…
A. LEGISLATION AND RULES A.1 Legislation The United States has arbitration-related legislation at both the federal (national) and state levels. The Federal Arbitration Act (FAA) of 1925 continues to be the controlling federal arbitration statute and reflects a well-established national policy that strongly favors arbitration as an alternate means of dispute resolution. There was one significant change to the FAA this past year. The Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act (EFASASHA)[1]…