Arbitration Links - Linklaters
  • Author: Adam Lurie

U.S. Supreme Court: No FAA “wholly groundless” exception to tribunal’s jurisdiction over questions of arbitrability

15 January 2019 Christian Albanesi; Adam Lurie, United States of America

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The U.S. Supreme Court has issued a unanimous ruling holding that courts may not decide issues of arbitrability where the underlying arbitration agreement delegates such determinations to the arbitrator, even where the arbitration bid is argued to be “wholly groundless.”  The decision—which resolved a long-running split among lower courts—is further evidence of a continuing U.S. trend in favor of parties’ rights to contract for arbitration.

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Adopting a compliance approach to fight corruption and protect investments

30 November 2017 Christian Albanesi; Adam Lurie; Caitlin Potratz, England & Wales; Latin America; North America

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At the 15th annual International Chamber of Commerce’s (ICC) Miami Conference earlier this month, one of the programme’s top-line issues for discussion was the matter of a “compliance” approach to arbitration. Here, Christian Albanesi (Head of Latin American Arbitration), Adam Lurie (US Head of Litigation and Government Investigations), and Caitlin Potratz (Senior US Associate), outline their stance on the topic.  

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U.S. Appeals Court rejects conflict-of-interest challenge to London award

08 May 2017 John Akin; Adam Lurie, North America; United States of America

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In a March 31 decision, the U.S. Court of Appeals for the D.C. Circuit affirmed a lower court’s decision to confirm an $18.5 million arbitral award entered by a London tribunal in favor of the Belize Bank Ltd. (“the Bank”), rejecting an argument from the government of Belize (“Belize”) that an arbitrator’s alleged conflict of interest violates U.S. public policy. The decision affirms the principle that barristers in the same English chambers—unlike lawyers in an American law firm—are presumed to be independent practitioners.

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