Erin Culbertson, Tom Villalon, and Katherine Shen have written an article called “Points of Contact: How Foreign Arbitrations Interface with Domestic Courts” for Financier Worldwide as a part of their 2024 eBook “Managing and Resolving Commercial Disputes”.
The article discusses how international arbitration and U.S. litigation come into contact before, during, and after international arbitral proceedings. Prior to the commencement of international arbitration, U.S. courts may determine if the parties agreed to submit the dispute to arbitration as well as the enforceability of arbitration agreements. During arbitration, a party may seek the assistance of courts in collecting evidence, compelling testimony, or ordering a party to refrain from taking actions that may affect the status quo of the dispute. After the arbitration, a party may seek the enforcement and recognition or annulment of foreign arbitral awards as well as bring anti-suit injunctions against foreign enforcement proceedings.
To find out more and to read the article, click here.
ABOUT ERIN CULBERTSON
Erin, a senior associate in the Washington, DC office, has extensive experience representing and advising clients, including governments and government entities, international organisations, and multinational companies, in international arbitration proceedings (contractual and treaty-based), recognition and enforcement proceedings, complex commercial litigation, bankruptcy litigation, and project finance matters. Erin’s representations have concerned diverse industries, such as gaming, mining, life insurance, banking/finance, satellites, and wireless spectrum.
ABOUT TOM VILLALON
Tom is an associate in the Washington, DC office. He has significant experience representing clients in a wide range of international arbitrations under most major institutional rules, with a particular focus on disputes across Asia and Latin America. Tom has represented and advised clients from an array of industries, including construction, mining & metals, post-M&A, biotech, and pharmaceuticals.
ABOUT KATHERIN SHEN
Katherine is an associate in the Washington, DC office. She advises on commercial and investment treaty arbitrations across a range of sectors. Katherine holds a JD from Harvard Law School, a MPhil in political theory from the University of Oxford, and a Bachelor’s degree in economics and political science from the University of Chicago. She speaks English and Mandarin.