John Fellas

September 24, 2019 | New York Law Journal

In his International Arbitration column, John Fellas asks: As long as an arbitrator does nothing that creates a successful basis to challenge an award, is she permitted to ask any question, even one she knows in advance is likely to assist one party and hurt the other?

By John Fellas

13 minute read

May 09, 2019 | New York Law Journal

In his International Arbitration column, John Fellas discusses the recent decision in 'Lamps Plus v. Varela', in which the U.S. Supreme Court held that the contra proferentem rule could not properly be applied to construe an ambiguous arbitration agreement to permit class arbitration. In doing so, it added to a series of (in most cases) 5-4 decisions making it harder for a party to bring an arbitration proceeding on behalf of a class.

By John Fellas

13 minute read

March 26, 2019 | New York Law Journal

In his International Arbitration column, John Fellas discusses the decision in 'Schein v. Archer and White', in which the U.S. Supreme Court addressed a narrow aspect of a perennial question that arises in arbitration: Who, as between courts and arbitrators, should resolve objections to arbitrability made at the outset of an arbitration proceeding?

By John Fellas

11 minute read

June 27, 2018 | New York Law Journal

In his International Arbitration column, John Fellas analyzes the Second Circuit's recent decision in 'Lloyds of London v. State of Florida.'

By John Fellas

11 minute read

April 05, 2018 | New York Law Journal

International Arbitration columnist John Fellas discusses the various distinctions made by the Second Circuit in 'Gusa' and their implications for parties applying to U.S. courts to reduce an award to judgment.

By John Fellas

11 minute read

October 18, 2017 | New York Law Journal

In his International Arbitration column, John Fellas discusses how to avoid submitting a witness statement that is a time-bomb—a statement that apparently strongly supports your client's case at the time it is submitted, but that, months later at the hearings, blows up in the witness's face the minute she is cross-examined about it.

By John Fellas

24 minute read

July 01, 2017 | New York Law Journal

In his International Arbitration column, John Fellas writes: The growth of third-party funding has raised certain novel issues in international arbitration. These issues relate to the disclosure obligations of arbitrators who may have some connection to a funder, the impact of the use of third-party funding on the attorney-client privilege, and the award of costs. This article will focus on costs.

By John Fellas

11 minute read

March 29, 2017 | New York Law Journal

International Arbitration columnist John Fellas writes that Section 1782 is routinely used by parties to foreign lawsuits to obtain evidence located in the United States, but its use in international arbitration proceedings is under debate. Recently, the Southern District weighed in.

By John Fellas

22 minute read

October 13, 2016 | New York Law Journal

International Arbitration columnist John Fellas discusses the recent decision of 'Corporación Mexicana De Mantenimiento Integral, S. De R.L. De C.V. v. Pemex-Exploración Y Producción' in which the Second Circuit affirmed a judgment of the Southern District of New York confirming an arbitration award rendered in Mexico, even though that award had been vacated by a Mexican court. In doing so, the Second Circuit articulated a cogent analytical framework for courts addressing the question of whether to confirm awards that have been vacated at the arbitral seat.

By John Fellas

22 minute read

April 06, 2016 | New York Law Journal

In his International Arbitration column, John Fellas writes: Given the differences in the treatment by New York courts of foreign arbitral awards and foreign judgments when it comes to the applicability of jurisdictional defenses, a question arises: Is it possible to avoid the jurisdictional obstacles to the enforcement of foreign arbitral awards by seeking to enforce not the arbitration award itself, but rather the foreign judgment confirming that award? A recent case affirms that this is indeed possible.

By John Fellas

24 minute read