USA - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s):

Ethan A. Berghoff

Jose A. Avila

Karen Sewell

Donald J. Hayden

Page Count:

29 pages

Media Description:

PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"

Published:

March, 2012

Jurisdictions:

United States

Practice Areas:

Amendments and Rectification,

Enforceability of Arbitration Agreements,

Class Action,

Bankruptcy of a Party

Author Detail:

Donald J. Hayden is a Partner in Baker & McKenzie’s Miami office. His practice involves primarily cross border disputes being resolved through litigation and arbitration. He leads Baker & McKenzie’s Dispute Resolution Group in Miami and is a member of the Steering Committee of the Firm’s Global Arbitration Group.

Jose Avila is an Associate in Baker & McKenzie's Miami office. His practice focuses on commercial litigation, international arbitration, and white-collar criminal matters.

Ethan Berghoff is a Partner in Baker & McKenzie’s Chicago office. He represents clients in a broad range of international matters, including distributorship and supply agreements, power, fuel supply and construction contracts as well as post-acquisition disputes. He has also appeared before ICC, LCIA and ICDR arbitration panels around the world.

Karen Sewell is an Associate in Baker & McKenzie’s Chicago office and focuses her practice on cross-border business disputes.

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Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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UNITED STATES
Donald J. Hayden, Jose A. Avila, Ethan A. Berghoff and Karen Sewell

A. LEGISLATION, TRENDS AND TENDENCIES

A.1 Legislation

Since its passage in 1925, the Federal Arbitration Act (“FAA”) has undergone only five amendments, most recently in 1990. Two of those five amendments were to implement the New York and Inter-American Conventions. In general, the FAA has grown stronger over time and held to its original purpose of promoting a strong national policy in favor of arbitration.

Since 2007, however, a bill has been floating around Congress that seeks to significantly narrow the scope of the FAA and exclude most forms of consumer disputes from arbitration. The bill is known as the Arbitration Fairness Act (“AFA”). It has taken various forms over the years and was re-introduced in

Table of Contents:

UNITED STATES
Donald J. Hayden, Jose A. Avila, Ethan A. Berghoff and Karen Sewell

A. Legislation, Trends and Tendencies
A.1 Legislation
A.2 Trends and Tendencies
B. Cases
B.1 Supreme Court, Others Uphold Class Action Waivers in Consumer Arbitration Agreements
B.2. Supreme Court Holds Arbitrability of Some but Not All Claims Still Requires Arbitration of Those
B.3 New York State Appellate Court Holds That Debt Owed to Foreign Party Can Be Attached in Anticipation of an Arbitration Award against the Foreign Party, Even Where There is No Jurisdictional Connection to New York
B.4 D.C. Circuit Holds that a District Court May Not Extend the Time Limit under the Federal Arbitration Act for Serving Notice of Motions to Vacate or Modify an Arbitral Award
C. Public Policy n International Arbitration