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Full-Text Articles in Law
Oh, Won't You Stay With Me?: Determining Whether § 3 Of The Faa Requires A Stay In Light Of Katz V. Cellco Partnership, Alessandra Rose Johnson
Oh, Won't You Stay With Me?: Determining Whether § 3 Of The Faa Requires A Stay In Light Of Katz V. Cellco Partnership, Alessandra Rose Johnson
Fordham Law Review
The Federal Arbitration Act (FAA) provides the legal framework to render international and interstate arbitration agreements judicially enforceable in the United States. In furtherance of that goal, it provides that, if a party initiates litigation rather than arbitration of an arbitrable dispute, either party may request that the court stay the litigation pending resolution in an arbitration proceeding. The U.S. courts of appeals are currently split as to whether § 3 of the FAA requires a court under these circumstances to stay the action or whether the court has the discretion to dismiss the action altogether. In Katz v. Cellco …
The Origins Of Argentina's Litigation And Arbitration Saga, 2002-2016, Arturo C. Porzecanski
The Origins Of Argentina's Litigation And Arbitration Saga, 2002-2016, Arturo C. Porzecanski
Fordham International Law Journal
The voluminous and protracted litigation and arbitration saga featuring the Republic of Argentina (mostly as defendant or respondent, respectively) established important legal and arbitral precedents, as illustrated by three cases involving Argentina which were appealed all the way up to the US Supreme Court and were settled in 2014. At first glance, the scale of Argentina-related litigation activity might be explained by the sheer size of the government’s 2001 default, the world’s largest-ever up to that point. However, its true origins are to be found in the unusually coercive and aggressive way that the authorities in that country went about …