Dewberry Engineers Inc. (“Dewberry Engineers”), a prominent engineering firm, has been locked in an on-again, off-again trademark dispute with a real estate development firm called Dewberry Group, Inc. (“Dewberry Group”) for nearly two decades. Now, the dispute is going to the United States Supreme Court, which has agreed to hear Dewberry Group’s challenge to a
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U.S. Supreme Court to Decide Whether Holocaust Survivors’ Lawsuit Against Hungary in the United States for Expropriation of Their Property Is Permitted Under the Commercial Activities Exception to the Foreign Sovereign Immunities Act
U.S. Supreme Court to Decide Whether Holocaust Survivors’ Lawsuit Against Hungary in the United States for Expropriation of Their Property Is Permitted Under the Commercial Activities Exception to the Foreign Sovereign Immunities Act
By Sarah Biser and Craig Tractenberg
After it became clear that they would lose World War II, Nazi Germany and Hungary raced…
U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between the Parties Is Subject to Arbitration, A Court Must Decide Which Contract Governs, Not an Arbitrator
In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to two separate agreements that are in conflict as to whether a dispute between the parties is arbitrable.[1]
The case involved Coinbase, Inc., which operates…
U.S. Supreme Court Decides that Federal Courts Should Stay, Rather than Dismiss, Cases that Are Subject to Arbitration, If One Party Requests It
The U.S. Supreme Court has decided an issue concerning cases that are subject to arbitration that has divided the federal courts of appeals: when the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the action, or can it only stay the action pending resolution…
Litigants in Two Major International Arbitrations Ask the Supreme Court to Review the Standard for Showing “Evident Partiality” By Arbitrators
Conflicts of interest are of great interest to law firms, prosecutors, and arbitrators. In two major international arbitrations, parties are seeking review by the United States Supreme Court of the standard that courts should apply when considering whether to vacate an arbitration award based on an alleged conflict of interest. The cases are important not…
Another Petition to U.S. Supreme Court Seeks Review of the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of Interests
The standard that courts should apply in deciding whether to vacate an arbitration award based on arbitrator conflicts of interest is drawing increased focus in appeals to the United States Supreme Court.
As this blog recently discussed, a consortium that was on the losing side of a $238-million arbitration over the construction of the third…
Consortium That Lost Arbitration Involving Panama Canal Dispute Asks the U.S. Supreme Court to Clarify the Standard Governing the Vacatur of Arbitration Awards Based on Arbitrator Conflicts of Interests
A consortium that was on the losing side of a $238-million arbitration over the construction of the third set of locks for the Panama Canal is asking the United States Supreme Court to review a circuit court opinion that decline to vacate the award, claiming that the circuit court applied the wrong standard in considering…
U.S. Supreme Court to Decide Whether Federal Courts Have Authority to Dismiss, Rather than Stay, Cases that Are Subject to Arbitration
The U.S. Supreme Court has agreed to decide an issue concerning cases that are subject to arbitration that has divided the federal appeals courts: when the claims at issue in a federal court suit are subject to arbitration, does the court have authority to dismiss the action, or can it only stay the action pending…
New York Caps Retainage at 5% On Private Construction Projects, Permits Contractors to Submit Final Invoice Upon Substantial Completion
New York has made changes to its Prompt Payment Act (N.Y. Gen. Bus. Law §756)
Legislation, which Gov. Kathy Hochul signed into law on November 17, 2023, provides that:
- retainage on private construction projects is capped at 5%; and
- a contractor may submit a final invoice for the full amount of retainage upon achieving substantial
…
Understanding the Differences in the Enforcement of Arbitration Awards and Expert Determinations
Is there a difference in enforcement between an arbitration award and an expert determination pursuant to a contract? The answer is yes, according to a recent ruling by the 3rd Circuit U.S. Court of Appeals that includes important lessons for those drafting arbitration provisions.
In Sapp v. Indus. Action Servs. LLC, No. 22-2181 (3d Cir.…