By Deborah Slattery-Pereira How U.S. Courts Treat Non-Signatories Parties will subject their disputes “to arbitration if, and only if, [they] actually agree to arbitrate those disputes.” Complex commercial disputes often involve multiple international contracts with different parties, but usually, only two parties sign the arbitration agreement. Because arbitral proceedings depend on a consensual agreement, generally,…
Category: Arbitration
Raytheon on the Hot Seat: What a $950 Million FCPA Case Teaches MNEs About Arbitration and Compliance
By Alexandra Schieferer On October 16, 2024, defense giant Raytheon Company agreed to pay over $950 million to settle allegations of Foreign Corrupt Practices Act (FCPA) violations, defective pricing, and export control breaches, marking one of the largest joint settlements in recent years. This enforcement action illustrates how corruption investigations can spiral into cascading contractual…
Why It’s Time to Include Taiwan in the New York Convention
By Nathan Yost The 1958 New York Convention (“the Convention”) is the cornerstone of international arbitration. With over 170 signatories, it provides a uniform legal framework for the recognition and enforcement of foreign arbitral awards. This predictability is essential to cross-border commerce as it ensures that arbitration outcomes are enforceable, not just symbolic. However, despite…
Should Naming the Arbitral Seat not be Enough?
By Jeremy Hernandez-Lum Tong In 2020 and 2021, the Supreme Court of the United Kingdom (“UKSC”) made two seminal decisions on the law governing arbitration agreements, namely Enka Insaat Ve Sanayi AS v OOO Insurance Company Chubb and Kabab-Ji SAL v Kout Food Group. The latter, Kabab-Ji UKSC, recapitulated the reasoning in Enka, but differed…
Contracting a Womb: The Necessity of an Arbitration Clause
By Brenna Callahan In 2025, it is difficult to imagine a world without surrogacy. Celebrities like Kim Kardashian and Andy Cohen have ushered society into a new era of contracting a womb. The practice benefits same-sex couples and women with prohibitive health conditions. However, its popularity has only recently reached the masses. In the early…
The Arbitration Brief 