by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Pezold v. Republic of Zimbabwe, _____ F.4th _____, 2024 WL 4763943 (D.C. Cir. 2024), the United States Court of Appeals for the District of Columbia Circuit determined that in a proceeding to enforce an arbitration award, the issue of subject matter jurisdiction raised by the […]
NAB News
Introduction. In In Re Ex Parte Application for Order to Take Discovery Pursuant to 28 U.S.C. §1782 from Goldberg Lindsay & Co., _____ F.4th _____, 2024 WL 3170983 (2d Cir. 2024), the United States Court of Appeals for the Second Circuit determined that even in light of recent restrictive decisions by the U.S. Supreme Court […]
This proposition is intended to: (a) remove any question about whether Annex 2 to the Bylaws under which NAB has been generally been operating for some time was to any extent invalid for lack of a formal vote of the Members which is needed to enact something inconsistent with the Bylaws; Annex 2 was recently […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Doraleh Container Terminal S.A., v. Republic of Djibouti, 109 F.4th 608 (D.C. Cir. 2024), the United States Court of Appeals for the District of Columbia Circuit addressed the question of the impact upon an arbitration proceeding of the status of an attorney to represent a […]
Introduction. In NextEra Energy Global Holdings B.V. v. Kingdom of Spain, ___ F.4th ___, 2024 WL 3837484 (D.C. Cir. 2024), the United States Court of Appeals for the District of Columbia Circuit addressed two issues: the jurisdiction of an American court to evaluate an arbitration award issued by an international panel with its seat in […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In WeBuild USA v. WSP USA, _______ F.4th _______, 2024 WL 3463380 (2d Cir. 2024), the United States Court of Appeals for the Second Circuit addressed the issue of the authority of a United States District Court to address a discovery request available to a party […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Work v. Intertek Resource Solutions, Inc., 102 F.4th 769 (5th Cir. 2024), the United States Court of Appeals for the Fifth Circuit addressed for the first time the impact upon the issue of determining the scope of arbitrability when incorporating a private arbitration provider’s Rules […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Bufkin Enterprises LLC v. Indian Harbor Ins. Co. et al, ____ F.4th ____, 2024 U.S. App. LEXIS 5176 (5th Cir. 2024), the United States Court of Appeals for the Fifth Circuit addressed a rare arbitration question: the extent to which equitable estoppel applies to compel […]
Introduction. In Smartsky Networks, LLC v. DAG Wireless, Ltd. et al, ____ F.4th ____, 2024 WL 560717 (4th Cir. 2024), the United States Court of Appeals for the Fourth Circuit recently addressed the impact of the U.S. Supreme Court decision in Badgerow v. Walters, 596 U.S. 1 (2022), which concerned the scope (and limits) of […]
by Lionel M. Schooler, FCIArb Jackson Walker LLP1 Introduction. In Conti 11. Container Schiffarts-GMBH & Co. KG M.S., MSC Flaminia v. MSC Mediterranean Shipping Company, S.A., ____ F.4th ____, 2024 U.S. App. LEXIS 1928 (5th Cir. 2024), the United States Court of Appeals for the Fifth Circuit recently addressed a rare arbitration problem: proper personal […]
