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Non-Signatory Enforcement of Arbitration Agreements Under the New York Convention: the U.S. Supreme Court Weighs In

On June 1st, 2020, the United States Supreme Court (“the Court”) issued a unanimous decision in G.E. Power Conversion France SAS Corp. v. Outokumpu Stainless USA, LLC, holding that the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention” or the “Convention”) does not prohibit non-signatories from enforcing international arbitration agreements under the doctrine of equitable estoppel. The Court’s decision adds to a global body of case law that has affirmed the ability of non-signatories to enforce arbitration agreements, and its approach largely mirrors a 2006 Recommendation issued by the United Nations Commission on International Trade Law (UNCITRAL) on the proper interpretation of the Convention. However, the Court avoided addressing contentious choice-of-law questions and the role of the principle of consent in establishing the scope of arbitration agreements. These issues remain to be taken up by lower courts. Background Outokumpu USA is a U.S.-based subsidiary of a Finnish steel company that operates a stainless-steel plant. In 2007, Outokumpu entered into a series…

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Shelter from the Storm? The International Legality of Granting Migratory Rights to Hong Kongers

Introduction This post analyses the international legality of States granting migratory rights to Hong Kongers.  The post mainly focuses on the United Kingdom’s proposal to grant persons with British National (Overseas) (BN(O)) status the right to live and work in the UK for up to five years, but also considers the legality of similar proposals from…

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The EU Judiciary After Weiss – Proposing A New Mixed Chamber of the Court of Justice: A Reply to Our Critics

A few weeks ago, we published a proposal, in the form of a Position Paper, for the creation of a Mixed Chamber at the Court of Justice as a means, in part, of addressing the issues highlighted by the May 5th Weiss decision of the German Constitutional Court. This Chamber, to be composed of sitting members of the…

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The ICJ and nuclear disarmament: towards a universal obligation?

Today is the anniversary of the ICJ’s Nuclear Weapons Advisory Opinion. We would like to revisit, and invite readers to reflect on, one particular conclusion (not discussed in previous posts on the Marshall Islands cases here, here, here), contained in operative paragraph 2 F (§ 105) of the Opinion: “(t)here exists an obligation to…

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Unrepentant: Sovereignty RIP

Warm thanks to the symposiasts and thanks again to EJIL: Talk! for opening its pages to an outsider to international law. It’s gratifying to garner some approval of what I did, far more gratifying to have people take it seriously. It would be boring, litigious, and anyway impossible in this space to…

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