The U.S. Supreme Court Opines on Arbitrability

By Helene Gogadze on March 1, 2019 Posted in Commercial Arbitration

In the United States, parties may agree in their contract not only to submit future disputes to arbitration but to also submit “arbitrability” questions to an arbitrator. In practice, such delegation (if properly made) means that the tribunal, instead of the court, would decide not only the merits of the parties’ dispute but also the … Continue Reading

The Singapore Convention Allows for Recognition of Settlement Agreements Made Outside of Court or Arbitral Proceedings

By Neil Popovic and Jacqueline Simonovich on February 9, 2019 Posted in Commercial Arbitration

On December 20, 2018, the United Nations General Assembly adopted the United Nations Convention on International Settlement Agreements Resulting from Mediation. This Convention will open for signature on August 7, 2019 in Singapore and will become known as the “Singapore Convention on Mediation”: It provides a framework for the recognition of international settlement agreements similar … Continue Reading

A New Front Against Third Party Funding?

By Joseph LoBue on February 8, 2019 Posted in Commercial Arbitration, Investor-State Dispute Settlement (ISDS)

Third party funding in international arbitration has garnered a great deal of attention in recent years. Many of those opposed to the practice, or seeking to limit or control it, have been outspoken and engaged in efforts to regulate or abolish the practice. Up until now, much of that effort has focused on prospective legislative … Continue Reading