Chair’s ColumnBy H. Vincent DraaInternational and Immigration Law, March 2025A note from the chair regarding recent section council activity.
Challenging and Setting Aside International Commercial Arbitral AwardsBy H. Vincent DraaInternational and Immigration Law, March 2025The arbitration process usually culminates in a final award, which a party has a limited right to challenge. However, the value of such challenges is a point of contention. Opponents of judicial review contend that it weakens the quick resolution sought in arbitration. Proponents, on the other hand, argue that the absence of review, combined with the considerable authority of arbitrators, introduces potential risks. Despite this ongoing debate, courts typically adopt a narrow approach when reviewing arbitral awards, acknowledging the limited bases upon which challenges can be made.
The Draft Arbitration and Conciliation Amendment Bill, 2024: A Step Towards Reforming India’s Arbitration Framework?By Manish DemblaInternational and Immigration Law, March 2025The Draft Arbitration and Conciliation Bill, 2024, aims to significantly transform India’s arbitration landscape. This comprehensive draft seeks to align and modernize India’s arbitration practices with those of the world and meet domestic challenges. This article examines some of the key provisions of the draft bill.
India: Delhi High Court Ruling Reshapes Sports Governance and Raises Animal Welfare ConcernsBy H. Vincent DraaInternational and Immigration Law, March 2025In an important decision with implications for both sports law and animal welfare, the Delhi High Court's judgment in Rajasthan Equestrian Association v. Union of India & Ors.has overturned a controversial exemption granted to the Equestrian Federation of India by the Ministry of Youth Affairs and Sports. This ruling scrutinizes the government's discretionary power to relax national sports governance standards and, crucially, addresses the legal status of equine “athletes” within the context of sports regulation.
Summary of President Trump’s Early Executive Orders on ImmigrationBy Cindy G. BuysInternational and Immigration Law, March 2025On his first day in office, January 20, 2025, President Trump issued a flurry of Executive Orders (EOs) including at least five EOs affecting immigration. This article briefly summarizes some key parts of these EOs relating to immigration, the status of litigation challenging these EOs, and some possible future issues.
Chair’s ColumnBy H. Vincent DraaInternational and Immigration Law, January 2025A note from the chair regarding recent section council activity and a brief look at what's to come in 2025.
Initiating Arbitral Proceedings in International Commercial DisputesBy H. Vincent DraaInternational and Immigration Law, January 2025International commercial arbitration is a means of resolving business disputes among two or more transnational parties by one or more arbitrators outside of a formal court system. It is a voluntary process, conducted according to the parameters determined by the agreement of the parties. Given all its advantages over traditional litigation, it is not much of an exaggeration to call international commercial arbitration the “only game in town.”
Recent Updates on H-1B Visa Applications and Their Impact on the Upcoming LotteryBy Likitha ReddyInternational and Immigration Law, January 2025The recent changes and updates to the U.S. Citizenship and Immigration Services guidelines will impact both applicants and employers significantly. This article explores these developments and their implications for the upcoming H-1B lottery season.
Street Gangs in Relation to Claims for Asylum: Part IIBy Ralph E. GuderianInternational and Immigration Law, January 2025Part II on street gangs seeking asylum, including the 18th Street Gang, Barrio 18, Latin Kings, MS-13, and more.
Chair’s ColumnBy H. Vincent DraaInternational and Immigration Law, October 2024A note from the chair.
International Driver’s LicenseBy Angela PetersInternational and Immigration Law, October 2024As international traffic began to expand in the post World War II years, government officials and motoring authorities in numerous leading countries realized that the existing treaty-convention in the field (Paris l926) no longer met the growing needs of international motoring.
Legislative UpdateBy H. Vincent Draa & Angela PetersInternational and Immigration Law, October 2024Illinois proposed legislation summaries of interest to international and immigration practitioners.
Street Gangs in Relation to Claims for Asylum: Part IBy Ralph E. GuderianInternational and Immigration Law, October 2024Part I on street gangs seeking asylum, including the mafia and Capone's tactics and much more.
Cancellation of Removal in Wilkinson v. GarlandBy Sergio Hernandez, Jr.International and Immigration Law, September 2024On January 17, 2023, a petition for a writ of certiorari was filed for an immigrant’s deportation case, asking the United States Supreme Court to clarify whether the question of a noncitizen’s removal would result in ‘exceptional and extremely unusual hardship’ presents a judicially reviewable mixed question of law and fact.
Capping Arbitration: India’s Contentious Policy ShiftBy Menaka SawhneyInternational and Immigration Law, September 2024India’s Ministry of Finance recently released an office memorandum that caps arbitration for disputes valued less than Rs. 10 crores related to procurement contracts/tenders by government entities including CPSEs, PSBs, and government companies.
Chair’s ColumnBy H. Vincent DraaInternational and Immigration Law, September 2024A note from Chair H. Vicent Draa.
Foods, Dietary Supplements, Special Foods in HungaryBy Tamás Dr. BalázsInternational and Immigration Law, September 2024Recently, several food producers and suppliers appeared in Hungary that primarily intend to make and supply not only the classic food products and ingredients but also various dietary supplements and special food as well.
Limits on Land AcquisitionBy Micah BrownInternational and Immigration Law, April 2024Since January 2024, most states have proposed at least one piece of legislation to prohibit or restrict foreign investments and landholdings in land, particularly private agricultural land, located within the boundaries of their states to some degree.
Memorandum in Support of Afghan Adjustment ResolutionInternational and Immigration Law, November 2023The International and Immigration Law Section Council's Afghan Adjustment Resolution was approved by the ISBA Board of Governors in October 2023.
Broad Changes to the Naturalization Test Proposed by DHSBy Shannon M. ShepherdInternational and Immigration Law, September 2023On December 14, 2022, the Department of Homeland Security announced that it will be conducting a nationwide trial of proposed changes to the naturalization test to become a U.S. citizen.
Cross-Border Personal Data Transfers from UK/EU Companies to US CompaniesBy Ethel Spyratos & Angela PetersInternational and Immigration Law, September 2023The United States must ensure an adequate level of protection for personal data transferred from the European Economic Area to U.S. companies participating in the E.U.-U.S. Data Privacy Framework.
Resolution on UkraineDiversity Leadership Council, June 2023The International and Immigration Law Section Council drafted and adopted a Resolution on violations of international law in Ukraine, which was adopted by the ISBA General Assembly in December 2022.
Supreme Court Immigration Run DownBy Angela Peters & Carlos Cisneros-VilchisDiversity Leadership Council, June 2023Summaries of recent U.S. Supreme Court cases impacting the areas of immigration, immigration enforcement, and national security.
Foreign Company Stock Option Plans and Employees in the Arab Middle EastBy Howard L. StovallInternational and Immigration Law, May 2023A summary of legal and tax issues that confront foreign companies that contemplate the offering of stock option plans to their employees working in the Middle East.