An Inconvenient Forum: Circuit Split Remains

Law360, New York (January 24, 2017, 12:07 PM EST) -- Igor Timofeyev

Joseph Profaizer

Adam Weiss On Jan. 9, 2017, the U.S. Supreme Court denied the Belize government's request to review the District of Columbia Circuit's decisions confirming three international arbitration awards rendered against that country. By denying Belize's petitions for certiorari, the Supreme Court declined to resolve a split between the D.C. and Second Circuits regarding the application of the forum non conveniens doctrine as a defense to challenge the enforcement of foreign arbitral awards in the United States.

With two key jurisdictions having adopted opposite positions on this issue, the Supreme Court's decision to deny review leaves parties seeking...

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