International Practitioners Beware: High Court Strikes Blow Against Arbitration
The consolidated cases required the Supreme Court to decide whether private adjudicatory bodies count as "foreign or international tribunals." The court determined that they do not.
August 18, 2022 at 12:05 PM
5 minute read
While the U.S. Supreme Court assiduously asserts the prominence, and sometimes preemption, of the Federal Arbitration Act (FAA), this policy apparently has no effect on the court's overall view in terms of international arbitrations. In a case that has received very little publicity, but will have a major effect for international practitioners and those who address disputes in foreign mediations and arbitrations, ZF Automotive US v. Luxshare, will be a major impediment to pursuing those cases in foreign private arbitrations.
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