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Case Citations [1] (Spring 2025)

handle is hein.ali/aliuslaw0037 and id is 1 raw text is: * THE A ER ICAN LAW INSTITUTE Spring 2025 Citations THE U.S. LAW OF INTERNATIONAL COMMERCIAL AND INVESTOR-STATE ARBITRATION CHAPTER 1. GENERAL PROVISIONS TOPIC 1. DEFINITIONS § 1.1. Definitions C.A.D.C.2024. Com. (e) quot. in case quot. in sup. Chinese investor in a free-trade zone in Nigeria filed a petition to enforce an arbitration award it obtained against Nigeria for breaching its obligations under a bilateral investment treaty between China and Nigeria. The district court denied Nigeria's motion to dismiss on grounds of sovereign immunity. Affirming, this court held that the Foreign Sovereign Immunities Act's arbitration exception stripped Nigeria of its sovereign immunity because the arbitration award was governed by an international arbitration treaty, namely, the New York Convention. The court reasoned, in part, that the legal relationship between investor and Nigeria was commercial, as required for the Convention to apply, noting that, under Restatement Third of the U.S. Law of International Commercial and Investor-State Arbitration § 1.1, the established meaning of commercial within the international arbitration context, was anything that was connected with commerce, regardless of whether it arose out of or was related to a contract. Zhongshan Fucheng Industrial Investment Co. v. Federal Republic of Nigeria, 112 F.4th 1054, 1063, 1064. CHAPTER 2. ENFORCEMENT OF THE ARBITRATION AGREEMENT TOPIC 1. GENERAL PROVISIONS § 2.8. Competence of the Tribunal to Determine Its Own Jurisdiction Cal.App.2024. Coms. (a) and (b) quot. in sup. Employee filed an action asserting individual and representative claims under the Private Attorney General Act (PAGA) against his former employer for COPYRIGHT 02025 By THE AMERICAN LAW INSTITUTE All rights reserved Printed in the United States of America For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.