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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…

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…

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…

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]…