Global Dispute Resolution Insights

Sarah is a frequent contributor to the firm's Global Dispute Resolution Insights blog, writing regularly on the latest developments and trends in international arbitration, ADR and cross-border litigation and offering insight to businesses involved in international transactions and trade agreements. 

Recent Blog Posts

  • Petition Seeks Supreme Court Review of Standard for Determining Federal Court Jurisdiction Over Motions to Confirm or Vacate Arbitration Awards An employee of a Louisiana financial service company who lost in an employment-related arbitration is asking the U.S. Supreme Court to resolve an arbitration-related issue that has divided the circuit courts: Do federal courts have subject-matter jurisdiction to confirm or vacate an arbitration award under Sections 9 and 10 of the Federal Arbitration Act (FAA) where the only basis for such jurisdiction is that the underlying dispute involved a federal question? The federal courts of appeals are split on this issue.... More
  • Insolvency and Arbitration Proceedings – Are They So Happy Together? Insolvency proceedings can create potential roadblocks for arbitration proceedings that require careful navigation. Arbitration proceedings are private contractual proceedings intended to resolve individual claims. In contrast, insolvency proceedings are public proceedings intended to resolve claims collectively. Yet, an arbitration within an insolvency proceeding can be useful for resolving individual claims that may help resolve the collective issues. Counsel must be aware that the jurisdiction in which the insolvency proceeding is pending, as well as the applied law of the arbitration... More
  • Revised ICDR 2021 Rules Are Now In Effect Like some other international arbitration institutions, the International Centre for Dispute Resolution (“ICDR”) recently adopted amendments to its International Dispute Resolution Procedures (the “2021 ICDR Rules”).  The ICDR’s amendment became effective on March 1, 2021. The amendments, according to the ICDR, aim to “promote greater efficiency and economy by addressing the early disposition of issues, emphasizing the use of mediation, and expanding the applicability of the expedited procedures. Importantly, the rules also place an increased emphasis on arbitrators’ ethical obligations.” ... More
  • U.S. Supreme Court Agrees to Review Whether Federal Courts Can Order Discovery in Aid of Private International Arbitrations under 28 U.S.C. 1782(a) In our recent post, we discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which authorizes U.S. district courts to provide assistance to foreign or international tribunals by ordering discovery of persons in the district. On March 22, 2021, the U.S. Supreme Court agreed to decide the issue by accepting a petition for certiorari to review judgment of the Court of Appeals... More
  • Israel Becomes Third Signatory To 2019 HCCH Convention on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters On March 3, 2021, Israel signed the HCCH Convention of 2 July 2019 on the Recognition and Enforcement of Foreign Judgments in Civil or Commercial Matters (“2019 Convention”).  Israel became the third State to sign the Convention, joining Uruguay and Ukraine. The Hague Conference on Private International Law adopted the Convention to provide a uniform process to HCCH member states for enforcing civil judgments in other countries throughout the world.  The convention provides that contracting states will recognize and enforce certain civil... More
  • Florida Federal Court to Examine Issues of Alleged Arbitrator Conflicts of Interests in Panama Canal Case The parties in a $238-million dispute over the construction of the third set of locks for the Panama Canal is raising issues concerning alleged conflicts of interest on the part of the International Chamber of Commerce (“ICC”) arbitrators in the United States District Court for the Southern District of Florida.[1] The case may resolve rarely litigated issues concerning whether arbitrators who sit on multiple arbitration panels together or who support appointment of each other to lead arbitration panels have disabling... More
  • Uncertainty Continues Over Whether Federal Courts Can Order Discovery in Aid of International Arbitrations As we have discussed in previous posts, federal appeals courts in the United States are split over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which authorizes U.S. district courts to provide assistance to foreign or international tribunals by ordering discovery of persons in the district.  In a very recent case, the United States District Court for the District of Columbia recognized this split, and directed the parties to... More
  • 2021 ICC Rules Update Aims At Greater Efficiency, Flexibility, And Transparency and Addresses COVID-19 Issues The leading international arbitration institutions, including the London Court of International Arbitration (“LCIA”) and the International Court of Arbitration (“ICC”), are revising their arbitration rules to improve efficiency, flexibility and transparency, and address challenges and concerns related to the COVID-19 pandemic. In a previous post, we discussed LCIA’s updates to its arbitration and mediation rules, which came in effect on October 1, 2020.  The ICC has issued similar updates to its 2017 Arbitration Rules, which will take effect on January 1,... More
  • Sarah Biser Moderates Webinar – “From Trade to Tourism: Israel and the UAE are Open for Business” Sarah Biser moderated a webinar roundtable discussion on  how to conduct business in the UAE and Israel – now that the Abrahams Accords have made possible trade and commerce between Israel and the UAE.  The roundtable discussion, held on October 28, 2020,  included Sarah Biser and Mark Hess of Fox Rothschild, Uzi Dayan, Member of the Knesset; Charles Laubach, Partner at Afridi & Angell Legal Consultants (Dubai, UAE); Omar Al Busaidy, Fulbright Scholar, MICE International (UAE); Yoram Elkaim, Head of... More
  • Sarah Biser to Discuss The Challenges of Virtual Hearings and How to Prepare and Conduct a Virtual Hearing Join Sarah Biser,  and other arbitration practitioners for a virtual discussion regarding the challenges of virtual hearings including preparation for virtual mediations and arbitrations – sponsored by the American Bar Association, Section of Litigation and Ankura.   The Webinar will be broadcast live on November 5, 2020 at 12 pm.  Please register at this link https://us02web.zoom.us/webinar/register/8216025154109/WN_hG0erzLwQJyUvgcvWcxN_w    ... More