Government of Lao People’s Democratic Republic v. Baldwin, No. 25-2562, ___ F.4th ___, 2026 WL 2752349 (9th Cir. Sept. 17, 2026) | Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., Nos. 20-36024, 22-35085 & 22-35103, ___ F.4th ___, 2026 WL 2330570 (9th Cir. Aug. 12, 2026) International Arbitration · New York Convention · Award Enforcement […]
Category: Arbitration
Payor-Provider Alert: District Courts Turn Away Insurer Challenges to No Surprises Act Awards, and Three Circuits Will Decide Whether the Door Stays Shut
Anthem Blue Cross Life & Health Insurance Co. v. HaloMD LLC, No. 8:25-cv-01467-KES, 2026 WL 982629 (C.D. Cal. Apr. 9, 2026), appeal docketed, No. 26-2355 (9th Cir. Apr. 16, 2026) | Aetna Health Inc. v. Radiology Partners, Inc., No. 3:24-cv-1343-BJD-LLL (M.D. Fla. Apr. 16, 2026), appeal docketed, No. 26-11607 (11th Cir. May 8, 2026) | […]
Payor-Provider Case Spotlight: The Second Circuit Holds That Providers Cannot Sue to Enforce No Surprises Act Arbitration Awards
East Coast Advanced Plastic Surgery, LLC v. Cigna Health & Life Insurance Co., No. 25-2204, ___ F.4th ___ (2d Cir. Sept. 17, 2026), aff’g Nos. 25 Civ. 255, 25 Civ. 1686, 2025 WL 2371537 (S.D.N.Y. Aug. 14, 2025) | Guardian Flight, L.L.C. v. Health Care Service Corp., 140 F.4th 271 (5th Cir. 2025) Healthcare / […]
Arbitration Alert: Five Faces of Finality
Introduction Courts enforce arbitration agreements and review awards narrowly. It is, therefore, notoriously difficult to overturn an unfavorable arbitration award – the grounds are narrow by statute, and courts are loath to expand the grounds by judicial fiat. This past summer brought five decisions in under two months that turned away five different theories: functus […]
Arbitration Practice Note: Ten Things Counsel Can Do to Make an Arbitration More Efficient and Less Expensive for Their Clients
Arbitration (US and International) / Case Management and Advocacy Introduction Arbitral institutions are competing on efficiency — the ICC’s revised Rules took effect June 1, 2026 with a highly expedited track and codified early determination, and the AAA amended its Commercial Rules in 2022 to make arbitrators weigh the cost of a dispositive motion before […]