John Fellas

November 05, 2015 | New York Law Journal

In his International Arbitration column, John Fellas discusses some recent cases helpful to parties seeking to minimize the time spent in court to enforce an agreement to arbitrate. More specifically these cases provide guidance regarding the relief to request from a court in the context of a motion to stay or compel under the FAA: ask the court to stay rather than dismiss a lawsuit brought in breach of an arbitration clause; or ask the court to enforce the delegation provision in an arbitration clause if it has one.

By John Fellas

13 minute read

November 04, 2015 | New York Law Journal

In his International Arbitration column, John Fellas discusses some recent cases helpful to parties seeking to minimize the time spent in court to enforce an agreement to arbitrate. More specifically these cases provide guidance regarding the relief to request from a court in the context of a motion to stay or compel under the FAA: ask the court to stay rather than dismiss a lawsuit brought in breach of an arbitration clause; or ask the court to enforce the delegation provision in an arbitration clause if it has one.

By John Fellas

13 minute read

August 07, 2015 | New York Law Journal

In his International Arbitration column, John Fellas writes: Because international arbitration often takes a different approach to the submission of evidence and witness testimony than that taken in U.S. litigation, one cannot approach cross-examination in international arbitration as one would in U.S. litigation.

By John Fellas

13 minute read

August 06, 2015 | New York Law Journal

In his International Arbitration column, John Fellas writes: Because international arbitration often takes a different approach to the submission of evidence and witness testimony than that taken in U.S. litigation, one cannot approach cross-examination in international arbitration as one would in U.S. litigation.

By John Fellas

13 minute read

May 07, 2015 | New York Law Journal

In his International Arbitration column, John Fellas discusses the enforcement of International Centre for the Settlement of Investment Disputes awards in the New York federal courts and a recent Southern District decision that parties may use a streamlined, ex parte procedure to enforce such awards, and that the defenses of lack of personal jurisdiction and improper venue are inapplicable even when enforcement is sought against a foreign sovereign.

By John Fellas

12 minute read

May 06, 2015 | New York Law Journal

In his International Arbitration column, John Fellas discusses the enforcement of International Centre for the Settlement of Investment Disputes awards in the New York federal courts and a recent Southern District decision that parties may use a streamlined, ex parte procedure to enforce such awards, and that the defenses of lack of personal jurisdiction and improper venue are inapplicable even when enforcement is sought against a foreign sovereign.

By John Fellas

12 minute read

February 06, 2015 | New York Law Journal

In his International Arbitration column, John Fellas argues that, when it comes to the hurdles of personal jurisdiction and forum non conveniens, there is no good reason for foreign arbitral awards to be held to a higher standard than foreign judgments.

By John Fellas

12 minute read

February 05, 2015 | New York Law Journal

In his International Arbitration column, John Fellas argues that, when it comes to the hurdles of personal jurisdiction and forum non conveniens, there is no good reason for foreign arbitral awards to be held to a higher standard than foreign judgments.

By John Fellas

12 minute read

May 12, 2014 | New York Law Journal

John Fellas discusses the origins of the Bermuda Form, an excess liability insurance policy; some of its key provisions; and some considerations that bear on the arbitration of Bermuda Form disputes.

By John Fellas

12 minute read

November 25, 2013 | New York Law Journal

John Fellas, a partner at Hughes Hubbard & Reed, writes: Recent U.S. Supreme Court decisions show that, over the last decade or so, the court has been gradually reshaping the legal landscape to grant more authority to arbitrators to resolve questions of arbitrability and to make it harder, in some circumstances, to argue that certain of those questions should be resolved by courts.

By John Fellas

13 minute read