Important Decisions Regarding Arbitration, Judgment Enforcement And Sovereign Immunity

In observance of US Independence Day, we are bringing you our SCOTUS Edition of the First Tuesday Update on Wednesday. The (usually) First Tuesday Update is our monthly take on current issues in commercial disputes, international arbitration, and judgment enforcement.

We thought of no better way to celebrate the Fourth of July than taking in the annual late-June slate of new Supreme Court decisions. This month we look at several recent Supreme Court decisions relating to international and domestic arbitration and how three rulings on sovereign immunity will affect the Court's Foreign Sovereign Immunities Act (FSIA) jurisprudence. In addition, the Supreme Court ruled by a narrow 5-4 majority that a Pennsylvania law that requires a corporation to submit to the general jurisdiction of Pennsylvania courts as a condition of doing business in Pennsylvania complies with due process. Mallory v. Norfolk Southern Ry. Co., No. 21-1168, 600 U.S. ___ (2023). The Court's