2022 U.S. International Arbitration Review: A Report on Significant Judicial Decisions in the U.S.
Holland & Knight Program
In the past year, U.S. courts have issued a number of arbitration-friendly decisions. Washington, D.C., is the situs for a large number of investor-state disputes, and these court decisions can have far-reaching ramifications. This webinar will cover a number of related topics, including:
- The U.S. Supreme Court held that only a governmental or an intergovernmental adjudicative body constitutes a "foreign or international tribunal" under U.S. Code Title 28 Section 1782.
- Federal courts lack subject-matter jurisdiction to confirm or vacate an award under Chapter 1 of the Federal Arbitration Act per se.
- In New York, evidence of intent to submit questions of arbitrability to arbitration may be found in agreements reached during the proceeding.
- In Washington, D.C., whether a foreign state that is a New York Convention signatory can impliedly waive sovereign immunity under the Foreign Sovereign Immunities Act by agreeing to arbitrate in another signatory state has become somewhat muddled.
- Florida is now in line with almost all federal circuits on arbitrators’ implied power to decide arbitrability issues.