John Fellas

December 19, 2023 | New York Law Journal

The statute that governs arbitrations seated in England is in the process of being amended, with the U.K. government having a new Arbitration Bill into parliament in November 2023. In this article, John Fellas discusses one amendment, of which it is important that practitioners in other countries are aware.

By John Fellas

12 minute read

July 03, 2023 | New York Law Journal

In late June, the U.S. Supreme Court issued back-to-back pro-arbitration decisions in two separate cases.

By John Fellas

15 minute read

November 08, 2022 | New York Law Journal

In his International Arbitration article, John Fellas argues that "the notion that an arbitration agreement should be treated just like every other contract—the equal footing principle—is an inadequate ideal for arbitration. Some 'arbitration-preferring procedural rules,' as Justice Kagan calls them, are essential to the efficacy of arbitration precisely because 'arbitration contracts' are not 'like all others.'"

By John Fellas

17 minute read

April 12, 2022 | New York Law Journal

The Presidential Commission on the Supreme Court of the United States, which was established last year by President Biden, ought to consider reforms that might address the failure by Supreme Court Justices to abide by their disclosure and recusal obligations.

By John Fellas

8 minute read

March 25, 2022 | New York Law Journal

In his International Arbitration column, John Fellas discusses non-signatories to arbitration agreements, highlighting the issue that U.S. courts hold that a non-signatory may rely upon an arbitration clause against a signatory, but not the other way around. No U.S. case has fully articulated the rationale for this theory or fully explained why these two situations should be treated differently.

By John Fellas

13 minute read

May 17, 2021 | New York Law Journal

The Supreme Court has granted certiorari to resolve the question of whether §1782 can be used in private arbitration. This article address three considerations that bear on the question before the Supreme Court that have not received the attention they deserve.

By John Fellas

13 minute read

March 19, 2021 | New York Law Journal

In his International Arbitration column, John Fellas recalls the ways in which dispute resolution practitioners adapted over the last year to continue to resolve matters despite the COVID-19 pandemic.

By John Fellas

12 minute read

June 24, 2020 | New York Law Journal

Due to the COVID-19 lockdown, John Fellas has had a chance to spend more time than usual with his books. He focuses this column on what he believes are important works in the field of International Commercial Arbitration.

By John Fellas

13 minute read

March 24, 2020 | New York Law Journal

In his International Arbitration column, John Fellas focuses on what COVID-19 means right now for pending and future international arbitrations.

By John Fellas

13 minute read

February 19, 2020 | New York Law Journal

In his International Arbitration column, John Fellas discusses the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration—a 12-year effort primarily concerned with the role of the U.S. courts with respect to arbitration proceedings. The author describes it as a "majestic, comprehensive, and clear account of the U.S. law of international and investor-state arbitration that belongs on the shelf of everyone involved those fields."

By John Fellas

13 minute read