10/7/2025 4:33:47 PM Using Bilateral Investment Treaties to manage risk in high-risk jurisdictions By Joshua Kelly Paige von Mehren Miranda Shaw Celine Leong +1 more... Show less When it comes to investing and operating in high-risk jurisdictions, there are a number of tools that can help businesses manage their...
9/30/2025 5:14:59 PM From the Freshfields SEC Desk: One Green Light for Mandatory Arbitration from the SEC By Erik Gerding Melissa Hodgman On September 17, 2025, the U.S. Securities and Exchange Commission took a significant step to reverse course on a decades-old policy...
3/25/2025 9:14:54 PM Takeaways from Our Webinar on Navigating Argentina’s RIGI By Melissa Raciti-Knapp Noiana Marigo Rosario Galardi Thomas Heilborn +1 more... Show less Last week, we hosted in association with Marval O’Farrell Mairal and Valo Columbus Investment Banking a webinar analyzing Argentina’s...
5/22/2024 7:45:26 PM Supreme Court Clarifies Role of Federal Courts in Disputes Referred to Arbitration By Thomas Walsh David Livshiz Maria Slobodchikova Liz Lewis +1 more... Show less On May 16, 2024, the U.S. Supreme Court unanimously held that district courts must stay cases that they refer to arbitration, rather than...
3/18/2024 3:10:23 PM The AAA Updates its Mass Arbitration Rules By Thomas Walsh Christian Vandergeest Maylin Meisenheimer The American Arbitration Association (AAA) recently published new amendments to its Mass Arbitration Supplementary Rules (Mass...
12/5/2023 9:45:22 PM The Curious Case of Crossover Witnesses in Post-M&A Arbitration By Carsten Wendler Eric Leikin Stuti Gadodia Introduction A crucial aspect of any M&A deal is the transfer of employees along with the Target company. This is key to maintain...
6/28/2023 6:06:55 PM U.S. Supreme Court Allows Holders of International Arbitral Awards to Bring RICO Claims to Assist in Enforcement By Thomas Walsh David Livshiz Elliot Friedman Timothy Howard Maria Slobodchikova Zachary Simon Seve Kale +4 more... Show less On June 22, 2023, the U.S. Supreme Court held in a pair of related cases, Yegiazaryan v. Smagin and CMB Monaco v. Smagin, that foreign...
6/26/2023 10:37:23 PM U.S. Supreme Court Holds that Litigation Shall be Stayed Pending Appeal of a Denial of a Motion to Compel Arbitration By Thomas Walsh Maria Slobodchikova Anika Havaldar Kaitie Holland +1 more... Show less On June 23, 2023, the U.S. Supreme Court decided Coinbase v. Bielski, ruling by a narrow majority that a U.S. district court must stay...
3/6/2023 5:26:59 PM Tenth Circuit Affirms Enforcement of Arbitral Award Annulled at Foreign Seat of Arbitration By Elliot Friedman David Livshiz Christian Vandergeest Grace Brody +1 more... Show less When an arbitration award is set aside by the courts at the seat of arbitration, and that award is then brought to U.S. courts for...
10/12/2022 1:10:10 PM We Have Lift-Off: The Hague Court of Arbitration for Aviation, A New Specialized Dispute-Resolution Forum for the Global Aviation Sector By Amna Arshad Nicolas Cordoba Miranda Shaw On 21 July 2022, The Hague Court of Arbitration for Aviation (Hague CAA) officially launched. This highly specialized dispute resolution...
6/16/2022 5:55:32 PM U.S. Supreme Court Rejects Section 1782 Discovery for Use in Most Arbitrations By Timothy Harkness Linda Martin David Livshiz Scott Eisman Olivia Greene Paige von Mehren Christian Vandergeest +4 more... Show less Under 28 U.S.C. § 1782, a district court may grant discovery “for use in a proceeding in a foreign or international tribunal.” For...
6/13/2022 3:15:14 PM U.S. Supreme Court Rejects Prejudice Requirement for Finding Waiver of Contractual Right to Arbitrate By Elliot Friedman David Livshiz Scott Eisman Christian Vandergeest +1 more... Show less On May 23, 2022, the U.S. Supreme Court decided Morgan v. Sundance, Inc., which addressed whether the waiver of a right to arbitrate by...
5/9/2022 6:56:50 PM GAR’s Challenging and Enforcing Arbitration Awards Know-how By Elliot Friedman David Livshiz Paige von Mehren An extract from GAR’s Challenging and Enforcing Arbitration Awards Know-how. The whole publication is available at Global Arbitration...
5/4/2022 7:10:28 PM The impact of the energy transition: restructuring your investment without losing your international treaty rights By Hinda Rabkin Noiana Marigo Diego Perez At the COP26 climate summit in November 2021, over forty countries committed to phase out use of coal-fired power. Even before this...
3/15/2022 11:17:23 PM D.C. Circuit Holds FSIA’s Arbitration Exception to Sovereign Immunity Applies Regardless of Annulment of Award at Seat of Arbitration By David Livshiz Elliot Friedman Scott Eisman Christian Vandergeest +1 more... Show less On March 11, 2022, the United States Court of Appeals for the D.C. Circuit clarified whether U.S. courts have jurisdiction under the...
2/7/2022 7:26:06 PM “Silenced No More”: Capitol Hill Takes Aim at Mandatory Arbitration Clauses By Olivia Radin Jennifer Loeb Last week, companies around the world continued to find themselves uncomfortably in the spotlight as allegations of sexual harassment,...