5 International Arbitration Cases To Watch In 2026

Megan A. Crowley was quoted in a Law360 article about key international arbitration cases expected to shape 2026, including major developments concerning sovereign immunity, enforcement of arbitral awards, and the limits of U.S. jurisdiction over foreign states and state owned entities.

Megan noted that the Ninth Circuit’s consideration of the Devas v. Antrix dispute will “determine whether the Foreign Sovereign Immunities Act's arbitration exception functions as a narrow statutory gateway — aligned with the New York Convention's public-policy constraints — or as a broad invitation to use U.S. courts as global enforcement forums.”

Megan added, “It also raises whether, after Fuld v. PLO, the Fifth Amendment independently bars personal jurisdiction over Antrix absent U.S. contacts, and whether the Delhi High Court's annulment of the award should control enforceability under the convention.”

Megan further said, “The outcome will likely decide whether the case can be resolved on statutory and treaty grounds that preserve jurisdictional limits or through a constitutional ruling with sweeping implications for foreign sovereigns and state-owned entities.”