Tag: New York Convention

  • Update: the Briefs in Chiejina v. Nigeria

    I reported on the decision denying a jurisdictional motion to dismiss in Chiejina v. Nigeria, an award enforcement case I’m handling, back in August 2022. The dispute involved breaches of a contract for construction of gully erosion control structures in Nigeria’s Imo state. The parties have now filed their main briefs in the DC Circuit […]

  • Thoughts on the Bill on Arbitration of Sexual Assault and Harassment Claims

    In February, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The new law amends the Federal Arbitration Act to forbid employers from requiring employees to agree to arbitrate sexual assault or sexual harassment claims under federal, state, or tribal law. I wanted to comment on the bill generally, […]

  • Case of the Day: CLMS Management Services v. Amwins Brokerage

    Does the McCarran-Ferguson Act “reverse preempt” federal law when it requires arbitration of an insurance dispute?

  • Case of the Day: Corporación AIC v. Hidroelectrica Santa Rita

    The case of the day is Corporación AIC SA v. Hidroelectrica Santa Rita SA (S.D. Fla 2020). The parties had a contract for turnkey design and construction of a hydroelectric plant in Guatemala. HSR paid about $11 million to the contractor, AIC, and issued a notice to proceed. But the local community opposed the construction, […]

  • Case of the Day: McDonnel Group v. Great Lakes Insurance

    The case of the day is McDonnel Group, LLC v. Great Lakes Insurance SE, UK Branch (5th Cir. 2019). McDonnel purchased a builder’s risk policy from a group of insurers. When the insurers denied a claim, McDonnel sued. The insurers argued that the case had to be arbitrated, because the insurance policy contained an agreement […]