Written by David Earnest, partner, and Julian Cokic, associate, at Diamond McCarthy LLP
July 13, 2023
Arbitration analysis: On 22 June 2023, the Supreme Court of the United States (SCOTUS) ruled that a foreign plaintiff could sustain a civil Racketeer Influenced and Corrupt Organizations Act (RICO) suit against a defendant evading enforcement of a foreign arbitral award if the plaintiff’s alleged injury arose in the US. The court’s ruling provides a new tool for foreign plaintiffs to enforce arbitral awards and foreign judgments that do not have a direct nexus to the US, and potentially exposes those who help debtors conceal assets.
