Arbitration analysis: Steven Finizio, partner at WilmerHale, looks back over the past six months of arbitration in the US and considers what may be coming up in the remainder of 2017.
Interviewed by Jenny Rayner.
What have been the most significant arbitration-related case law or legislative developments in the US during the first half of 2017?
Note: the judgments referred to below are not reported by LexisNexis UK. It has been a quiet year so far with regard to US Supreme Court decisions on arbitration-related issues. There have been, however, several recent cases that reflect the fact that US courts continue to wrestle with the application of concepts such as sovereign immunity, forum non conveniens, personal jurisdiction and comity as they relate to the enforcement of foreign arbitral awards, and, in particular, enforcement of awards against sovereigns. There also have been a number of cases that serve as reminders that, in the US system, many different federal and state courts address issues relating to arbitration, and they can take different and sometimes contradictory approaches. Given the Supreme Court's approach to taking cases, it can take many years for issues to be clarified.
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This article was first published on Lexis®PSL Arbitration on 19 July 2017.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
