USA Archives

In USA

Crimea Arbitration Awards and the Complex Path to Enforcement in U.S. Courts

September 2, 2026 by Lawrence Newman and David Zaslowsky 8 Mins Read

Russia’s 2014 annexation of Crimea produced not only a geopolitical crisis but also a substantial wave of investor–state arbitration claims from Ukrainian businesses whose assets were located on the peninsula when Russian authorities assumed control. These claims have been brought under the 1998 bilateral investment treaty between the Russia Federation and Ukraine, which provides for arbitration of disputes between investors and the host state. The treaty-based arbitrations brought by Ukrainian investors against the Russian Federation…

In USA

USA: District court confirms HKIAC award, rejecting respondents’ defenses under Article V of the New York Convention and holding that a co-awardee’s absence does not bar confirmation

June 11, 2026 by David Zaslowsky and Tomas Tuszynski 5 Mins Read

Bronzelink Holdings Ltd. v. STM Atlantic N.V., No. 2:25‑cv‑06783‑JLS‑PVC (C.D. Cal. Feb. 9, 2026).[1] Factual Background Respondents Emil…

In North America

Sixth Circuit clarifies multi-factor analysis for when online proposals create binding contracts with arbitration clauses

April 22, 2026 by David Zaslowsky and Alexis Marin 6 Mins Read

Dahdah v. Rocket Mortg., LLC, No. 24-1910 (6th Cir. Jan. 26, 2026)[1] Factual Background Michael Dahdah (“Dahdah”) wanted to…

In USA

US District court holds that delegation clause must be enforced unless null and void based on defenses that can be applied neutrally on an international scale

February 26, 2026 by David Zaslowsky and Crofton Kelly 4 Mins Read

Ambrosia v. Blazesoft Ltd., No. 25 C 1723 (N.D. Ill. Oct. 21, 2025)[1] Factual Background Vincent Ambrosia, Jr. and Robert Houpt were customers of online gaming websites who brought a class action lawsuit against the operators of those websites. Plaintiffs alleged that Defendants preyed on them through addictive and illegal online gambling falsely marketed as free-to-play sweepstakes. Defendants moved to compel arbitration, relying on a broad arbitration agreement within the terms and conditions that Plaintiffs…

In USA

Eleventh Circuit holds that a non-signatory to an arbitration agreement who signs Terms of Reference explicitly consenting to arbitrate the issue of arbitrability is bound by the arbitral tribunal’s jurisdictional determination and the resulting award

December 10, 2025 by David Zaslowsky and Jodi Avila 3 Mins Read

Pott v. World Cap. Props., Ltd., No. 24-13071 (11th Cir. Sept. 24, 2025)[1] Factual Background Alfredo Carlos Pott…

In USA

Eighth Circuit overturns “irrational” arbitration decision that awarded a contest participant the grand prize after the panel resorted to extrinsic evidence in interpreting an unambiguous contract

November 12, 2025 by David Zaslowsky and Michael Hidalgo 4 Mins Read

Factual Background Mike Lindell is a Minnesota businessman, commonly known as the “My Pillow Guy.” Lindell repeatedly claimed…

In USA

Eleventh Circuit holds that subrogees of plant owner are third-party beneficiaries of contract subject to arbitration, and that incorporation of ICC Rules indicates delegation of questions of arbitrability to arbitrators

July 22, 2025 by David Zaslowsky and Stephanie Brown 3 Mins Read

Factual Background Litigation ensued after a catastrophic turbine failure at the Hadjret En Nouss Power Plant (the “Plant”) in Tipaza, Algeria. Various insurers, reinsurers, and retrocessionaires (collectively, the “Insurers”) initiated litigation as subrogees of the plant owner, Shariket Kahraba Hadjret En Nouss (“SKH”). SNC-Lavalin Constructeurs International Inc. (“SNC”) had operated the Plant on behalf of SKH, and had entered a Services Contract and various other contracts with General Electric International, Inc. and other GE entities…

In USA

District court confirms arbitral award over objection that confirmation would run contrary to the United States’ public policy in favor of res judicata

July 3, 2025 by David Zaslowsky 4 Mins Read

Etrak Insaat Taahhut Ve Ticaret Anonim Sirketi v. Libya, No. 22-cv-864 (D.D.C. Feb. 4, 2025)[1] Factual Background In October…

In USA

District court grants motion requiring parties to arbitrate, holding that right to arbitrate had not been waived despite three years of litigation

May 23, 2025 by David Zaslowsky and Lauren Owide 4 Mins Read

In Re: Amitiza, No. 21-11057-MJJ, (D. Mass. Jan. 27, 2025)[1] Factual Background In 2004, Sucampo Pharmaceuticals, Inc. (“Sucampo”) entered…

In International Arbitration Yearbook

Baker McKenzie International Arbitration Yearbook 2024-2025 – United States

January 1, 2025 by David Zaslowsky and Tom Tysowsky 26 Mins Read

A. LEGISLATION AND RULES A.1 Legislation The United States is a federal jurisdiction that 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. On a bipartisan, bicameral basis, Congress agreed on a draft national data privacy standard, the American Privacy Rights…