The enforcement of arbitral awards against sovereign states in the United States is governed by a carefully structured statutory framework rooted in the New York Convention, and its implementation through Chapter 2 of the Federal Arbitration Act and the Foreign Sovereign Immunities Act of 1976 (FSIA). An arbitral award, although binding, does not automatically carry […]
What’s In a Name? “Arbitration” and the NFL Commissioner’s Authority Under the FAA
Few areas of US law are as committed to enforcing private dispute resolution as the Federal Arbitration Act (“FAA”). Since its enactment in 1925, the FAA has required courts to treat written arbitration agreements as “valid, irrevocable, and enforceable,” and it has repeatedly been invoked to pre-empt state laws or judicial doctrines perceived as hostile […]
U.S. Supreme Court Clarifies Personal Jurisdiction in Foreign Sovereign Immunities Act Arbitration Enforcement Cases
On 5 June 2025, the United States Supreme Court issued a unanimous decision in CC/Devas (Mauritius) Ltd. v. Antrix Corp. Ltd., resolving an important procedural question in award enforcement against foreign states and their instrumentalities. Writing for the Court, Justice Alito held that when the Foreign Sovereign Immunities Act (FSIA) applies, federal courts do not […]
When Arbitrators Use AI: LaPaglia v. Valve and the Boundaries of Adjudication
As artificial intelligence (“AI”) tools become increasingly integrated into legal practice, their use by arbitrators is no longer a theoretical possibility but a practical reality. From drafting procedural orders to organising evidence or even assisting in the preparation of awards, AI offers the promise of greater efficiency, consistency, and cost-effectiveness. But what happens when that […]
Mass Momentum: What’s Next for Mass Arbitration?
In recent years, mass arbitration has emerged as a novel and often controversial tool within United States (U.S.) domestic arbitration. These proceedings occur when a large number of similar individual claims are filed against the same respondent, often a large corporation, creating a high-stakes environment where respondents are forced to either pay substantial administrative fees […]