Lack of Attorney Authority: Can It Be a Defense against Enforcement of an Arbitral Award?
The District of Columbia Circuit vacated the district court’s decision to enforce a foreign arbitral award because the respondent, against whom the petitioner sought to enforce the arbitral award, challenged the authority of the petitioner’s attorneys. Does this result align with the traditionally narrow scope of enforcement proceedings under the New York Convention? Should the district court resolve the authority dispute despite the parties’ contractual commitment to resolve such corporate governance issues through arbitration? Is it proper to allow one party to challenge the other party’s authority during enforcement proceedings, even though this party had opportunity—and was even invited—to raise this issue during arbitration? These questions remain unresolved.
“We Aim To Create a More Sustainable and Better Shared Future.” Is It Always Safe to Publicly Declare a Commitment to Sustainability and Environmental Protection?
Does your company make public statements that it cares about, and is working meaningfully toward, environmental sustainability? If yes, this article is for you. The opinion released by the District of Columbia Court of Appeals on August 29, 2024, demonstrates that even aspirational statements, such as the company’s statement on its website that it aims “to achieve positive change in the world and build a more sustainable future for our communities and our planet,” can be actionable under consumer protection laws for being false and misleading representations. Earth Island Inst. v. Coca-Cola Co., No. 22-CV-0895, 2024 WL 3976560 (D.C. Aug. 29, 2024).