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Federal Court Further Narrows 28 U.S.C. § 1782 Application Following Landmark SCOTUS Decision

Since the U.S. Supreme Court (SCOTUS) issued its June 2022 critical decision in AlixParters, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, private parties have been foreclosed from petitioning federal courts...more

11/18/2022 / 28 U.S.C. § 1782 , AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States , Arbitration , Discovery , Foreign Tribunals , International Arbitration , International Litigation , SCOTUS

Can You Enforce an International Arbitration Award That’s Been Set Aside?

On July 8, the Second Circuit affirmed a refusal to enforce a $1.8 billion arbitration award (now worth approximately $2.7 billion with interest) annulled by a Nigerian court in Esso v. Nigerian National Petroleum Company. In...more

8/12/2022 / Arbitration , Arbitration Agreements , Arbitration Awards , International Arbitration

SCOTUS Resolves Section 1782 Controversy: Courts Cannot Order Discovery in Most International Arbitrations

On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more

6/15/2022 / 28 U.S.C. § 1782 , Arbitration , Discovery , Evidence , Foreign Tribunals , International Arbitration , SCOTUS

Section 1782 Is Back

The U.S. Supreme Court (SCOTUS) is primed to resolve a decades-old dispute concerning whether 28 U.S.C. § 1782(a) applies to private international arbitrations. Its decision could open a world of discovery options to...more

2/28/2022 / 28 U.S.C. § 1782 , Arbitration , Discovery , Foreign Tribunals , International Arbitration

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