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Arbitration Without Consent? U.S. Courts Can Force Non-Signatories to Arbitrate, Leaving Arbitrators to Decide Which Claims Will Proceed to Arbitration

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,…

thearbitrationbrief's avatar by thearbitrationbrief November 14, 2025

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…

thearbitrationbrief's avatar by thearbitrationbrief October 31, 2025October 31, 2025

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…

thearbitrationbrief's avatar by thearbitrationbrief October 31, 2025
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