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 Rules
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…
London’s Legal Renaissance: Revamping the UK’s Arbitration Act
By Lucas Vieweg, Articles Editor London, the iconic British capital city, has an impressive and storied history; it is a cosmopolitan city where artists, inventors, financiers, and tourists cross paths every day. Its landmarks are instantly recognizable, and its ever-present status as a world city is undisputed. However, what truly sets London apart is its…
Silencing Gig Workers: Arbitration and Misclassification in the Gig Economy
By: Jacqueline Vanacore, Senior Staffer The rise of the gig economy, accompanied by the proliferation of mandatory arbitration agreements requiring gig workers to waive their rights to litigation, has not only hindered gig workers’ ability to resolve workplace disputes but, in the absence of a statutory framework, has contributed to their struggle to be classified…
The Arbitration Brief 