John Fellas Posts

Restatement: International Commercial and Investor-State Arbitration

by John Fellas | Feb 28, 2020 | International Commercial and Investor-State Arbitration

In his International Arbitration column, John Fellas discusses the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration—a 12-year effort primarily concerned with the role of the U.S. courts with respect to arbitration proceedings. The author describes it as a “majestic, comprehensive, and clear account of the U.S. law of international and investor-state arbitration that belongs on the shelf of everyone involved those fields.”

Enforcing New York Convention Awards In the United States: Getting It Right

by John Fellas | Apr 12, 2018 | International Commercial and Investor-State Arbitration

In the course of its decision in GBF Industria de Gusa S/A v. AMCI Holdings, 850 F.3d 58 (2d Cir. 2017), cert. den., 138 S.Ct. 557 (2017), the U.S. Court of Appeals for the Second Circuit referred to the “confusion” that sometimes accompanies applications to U.S. district courts to reduce arbitration awards to judgment. It went on to provide the following guidance for the avoidance of such confusion in the future:

… we encourage litigants and district courts alike to take care to specify explicitly the type of arbitral award the district court is evaluating (domestic, nondomestic, or foreign), whether the district court is sitting in primary or secondary jurisdiction, and, accordingly, whether the action seeks confirmation of a domestic or nondomestic arbitral award under the district court’s primary jurisdiction or enforcement of a foreign arbitral award under its secondary jurisdiction.