A Look Inside: The U.S. Law of International Commercial and Investor-State Arbitration

George A. Bermann, Jack J. Coe Jr., Catherine A. Rogers and Christopher R. Drahozal | May 9, 2019 | International Commercial and Investor-State Arbitration

In this video Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration Reporter George A. Bermann and Associate Reporters Jack Coe Jr. and Catherine A. Rogers discuss what to expect from this year’s Proposed Final Draft. SHARE...

January 2019 Council Meeting Updates

Pauline Toboulidis | January 25, 2019 | Charitable Nonprofit Organizations, Compliance and Enforcement for Organizations, Data Privacy, International Commercial and Investor-State Arbitration, Policing, Sexual Assault

At its meeting in Philadelphia on January 17 and 18, the ALI Council reviewed drafts for six projects. Drafts or portions of drafts for six projects received Council approval, subject to the meeting discussion and to the usual prerogative to make nonsubstantive...

Opinion Analysis: Kavanaugh’s First Opinion Rejects Vague Exception Limiting Enforcement of Arbitration Agreements

Ronald Mann | January 9, 2019 | International Commercial and Investor-State Arbitration

The justices’ first opinion day of 2019 brought the first opinion from Justice Brett Kavanaugh, writing for a unanimous court in Henry Schein Inc. v. Archer & White Sales Inc. The case is the most recent in a decade-long string of opinions under the Federal...

Argument Preview: Justices to Mull Who Decides Whether to Arbitrate – The Judge or the Arbitrator

Ronald Mann | October 29, 2018 | International Commercial and Investor-State Arbitration

The November argument session begins with yet another case under the Federal Arbitration Act — Henry Schein Inc. v. Archer & White Sales Inc. With Henry Schein, New Prime Inc. v. Oliveira (from October) and Lamps Plus Inc. v. Varela (later on Monday morning), the...

Project Spotlight: Restatement of the Law of International Arbitration Is Close to Completion

David W. Rivkin | August 7, 2018 | International Commercial and Investor-State Arbitration

Parties to international contracts have long chosen arbitration as the preferred method to resolve disputes; among other reasons, it provides them with a neutral decision-maker, rather than the home courts of either party, and international arbitration awards are more...

The Role of Courts in the Arbitrator Selection Process – Part 2

George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers and Pauline Toboulidis | May 16, 2018 | International Commercial and Investor-State Arbitration

This is the second post presenting Sections from the 2018 International Commercial and Investment Arbitration Annual Meeting draft that deals with the roles that courts might play during the pendency of international arbitral proceedings. The previous post presented...