by: Abby Hug, Senior Staffer The Federal Arbitration Act (FAA) reflects a federal policy that strongly favors arbitration for resolving disputes, especially regarding written agreements between a buyer and seller. Arbitration appeals to organizations because arbitrators tend to issue results that favor the company that hired them, it is cheaper than litigation, and keeps product…
Category: Enforcement
The Importance of Specifying the Law Governing Arbitration Agreements to Prevent Conflicting Interpretations in Parallel Proceedings
“Specifying the choice of law in an arbitration agreement would enable the parties to be conscious of the legal system binding their arbitration and be aware of the validity and enforceability of their arbitral awards in different jurisdictions.”
Shield against Accountability: How Russia Avoids Honoring Arbitration Awards While Being Tied Up with War and Sanctions
By: Cecilia Li; Junior Staffer In June 2015, Everest Estate LLC and several other Ukrainian companies (“Claimants”) commenced United Nations Commission on International Trade Law (“UNCITRAL”) arbitration proceedings with the Permanent Court of Arbitration (“PCA”) in The Hague against Russia pursuant to the 1998 Ukraine-Russia bilateral investment treaty (“Ukraine-Russia BIT”). The Claimants contended that Russia,…
What Would the End of McCarran-Ferguson Mean for Arbitration?
By: Dominic Charles; Junior Staffer With the passage of the Competitive Health Insurance Reform Act (CHIRA) of 2020, on January 13, 2021, Congress signaled that the world of insurance arbitration may soon change dramatically. Competitive Health Reform Act of 2020, PL 116-137, January 13, 2021, 134 Stat 5097; James W. Lowe McCarran-Ferguson Act Amended Repeal…
Frozen French Fries and the MPIA: The future of appeals at the WTO?
By: Colin McGinness; Junior Staffer In late December 2022, the World Trade Organization (WTO) decided on a seemingly routine case regarding the trade of frozen french fries between Colombia and the European Union (EU). Colombia accused several countries within the EU of ‘dumping’ frozen french fries and other frozen potato products into the Colombian market….
The Arbitration Brief 