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ARTICLE · 05 AUGUST 2026

A Defining Supreme Court Term For Arbitration Enforcement And Helms-Burton Claims

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The Supreme Court's 2025-2026 term delivered landmark rulings that reshape the landscape for arbitration enforcement and Helms-Burton Act claims. From clarifying federal courts' continuing jurisdiction over arbitration proceedings to expanding liability under Title III, these decisions favor award-creditors and claimholders while leaving critical sovereign immunity questions unresolved through strategic cert denials.

United StatesLitigation, Mediation & Arbitration
Steven Davidson
Steven Davidson
Michael Baratz
Michael Baratz
Molly Bruder Fox
Molly Bruder Fox
Michael G. Scavelli
Michael G. Scavelli
Maura Kanter
Maura Kanter

First Tuesday Update is our monthly look at developments in commercial disputes, international arbitration, and judgment enforcement. This month, we look back at this year's Supreme Court term, which offered much needed clarity in several areas, which we have been closely following. The Court provided important clarity on the reach of the Federal Arbitration Act and the Helms-Burton Act, while also declining to intervene on two other important disputes involving the enforcement of arbitration awards. Taken together, the 2025-2026 Court Term favored an expansive approach to each statutory framework—favoring the interests of award-creditors and Helms-Burton Act claimholders.

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