John M Super

John M Super

November 06, 2023 | New York Law Journal

Recent Developments Regarding the Second Circuit's Application of Foreign Law To Determine the Legal Capacity of a Foreign Corporation Under The Federal Arbitration Act

It is critical to understand how a court will evaluate and apply foreign law to determine a foreign corporation's legal capacity to sue or be sued or to enter into an arbitration agreement. In the past year, two decisions by the U.S. Court of Appeals for the Second Circuit make clear the perils of getting these basic—but technically complex—questions wrong.

By William B. Adams and John M. Super

11 minute read