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LATEST POST

January 27, 2023


AY, CHIHUAHUA!!

Just when you thought the US law concerning judicial enforcement of annulled
foreign arbitral awards was becoming relatively settled and predictable, if not
very satisfactory, along comes the US Tenth Circuit Court of Appeals with a
fresh and helpful perspective. That Court has held that a US district court did
not abuse its discretion when it refused to vacate its initial judgment giving
recognition and enforcement to such an award, and declined to give effect to a
judicial annulment judgment thereafter sought and obtained from a court at the
seat of arbitration in Bolivia. (Compañia de Inversiones Mercantiles S.A. v….
Read More »

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RECENT POSTS

November 02, 2022


ON OVERLAPPING APPOINTMENTS

In a dream last night, YOU, Dear Wing, received an email from the Chair of the
Tribunal, “Re: New Case”: “My Dear Colleague X: I am serving as a Wing in a
recently filed ICC Arbitration with an amount in dispute in excess of US $3
Billion. Together with my Fellow Wing Ms. Z, who knows and admires you, as I do,
we are charged with the joint selection of the Chair. I would like to put your
name forward if OK. The parties and counsel are completely different from our
current case together and there is no subject matter…
Read More »

October 23, 2022


CONCERNING CORRUPTION

Corruption — of the bribing State officials variety — can seem like a distant
abstraction. Until one reads about it, in excruciating detail. We had that
opportunity recently, courtesy of a 360-page ICSID Tribunal Award that declared
inadmissible, on grounds of corruption, the expropriation and FET (and other)
claims of an investor that deployed an elaborate bribery and influence peddling
scheme to secure its investment rights from the State. BSG Resources Ltd. v.
Republic of Guinea, ICSID Case No. ARB/14/22 (Award dated May 18, 2022,
available at www.italaw.com with the document identifier italaw170322.pdf,
hereinafter the “BSGR” case). What should we…
Read More »


August 31, 2022


COMITY UNHINGED?

Dear Readers, you have a lengthy double-feature here on the Blog, for the
soon-to-be-departed month of August. And in the movie-going days of our parents’
youth that usually meant the rest of the show would consist of “short subjects”
– maybe a newsreel and Woody Woodpecker cartoon. So I bring you one short
subject, and it would be longer but I have to go back to work. Most of you are
Chromalloy buffs. That is, you crave new developments in the evolution of the
law concerning recognition and enforcement, or not, of foreign awards that have
been set aside by…
Read More »

August 31, 2022


WHERE ARE YOU SITTING?

Sometimes the answers to our most difficult questions are found hiding in plain
view. Take for example a question of transcendent global importance — where a
New York-seated international arbitrator should “sit” to take testimony from
America’s leading non-party witnesses like Google, or Facebook, or Microsoft or
Apple Computer. I have been urging you since 2015 to fly to San Jose or Seattle
— and upon arrival, to sit — or at least make a plan to do that. This turns out
to have been pretty good advice. But for reasons that were, well, hiding in
plain view. You can…
Read More »


August 29, 2022


LONG LIVE 1782!!

Maybe you thought your Section 1782 line of business sustained a death blow in
June at the hands of the US Supreme Court [ZF Automotive US, Inc. v. Luxshare,
Ltd., 142 S.Ct. 2078]. But do not despair! I’m here to boost your spirits and
maybe your revenue stream. (And to entertain the rest of you, as always). As
most of you know by now, in the ZF case the Court held that neither of two
different types of international arbitration tribunals qualifies as “foreign or
international tribunal” under Section 1782, and that federal judicial assistance
to gather evidence in the…
Read More »

June 21, 2022


A MEA CULPA IN MIAMI

Well, somebody in Arbitration World has to write about a subject other than
Section 1782, so here we go…. The US 11th Circuit Court of Appeals, after nearly
25 years of living on the dark side of international arbitration, seems prepared
to confess its sins and seek redemption. It appears poised to recognize that the
New York Convention provides the limited grounds for a US court to refuse
recognition and enforcement of an international arbitration award made at a US
arbitral seat, but that US domestic arbitration law (especially Chapter 1 of the
Federal Arbitration Act) supplies the grounds for…
Read More »


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Marc J. Goldstein
MJG Arbitration & Mediation
One Rockefeller Plaza,
11th Floor
New York, NY 10020
www.lexmarc.us

Tel: (212) 799-8605
Mobile: (917) 498-1230
goldstein@lexmarc.us


RECENT POSTS

 * January 27, 2023Ay, Chihuahua!!
 * November 02, 2022On Overlapping Appointments
 * October 23, 2022Concerning Corruption
 * August 31, 2022Comity Unhinged?
 * August 31, 2022Where Are You Sitting?


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