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Arbitration Institution Digest (Part 4): ICDR, JAMS, SCC and HKIAC Release Caseload Statistics for 2023

Two U.S.-based arbitral institutions and two international institutions recently released global caseload data from 2023. The American Arbitration Association–International Centre for Dispute Resolution (AAA-ICDR) experienced...more

Supreme Court Ends Saga Over Which Venezuelan Government Could Be Sued in International Investment Dispute

Background - In 2018, several foreign investors obtained international arbitration awards against the Venezuelan government, which nationalized various industries under then-President Hugo Chávez. After confirming their...more

Supreme Court Decides Counterman v. Colorado

On June 27, 2023, the U.S. Supreme Court decided Counterman v. Colorado, No. 22-138, holding that a criminal prosecution based on a true threat of violence requires proof that the defendant subjectively understood the...more

First Circuit Holds That New York Convention Preempts Contrary State Laws Barring International Arbitration of Insurance Disputes

Background On May 19, 2023, the First Circuit Court of Appeals ruled in Green Enterprises, LLC v. Hiscox Syndicates Ltd. at Lloyd’s of London that the New York Convention on the Recognition and Enforcement of Foreign Arbitral...more

Supreme Court Decides Slack Technologies v. Pirani

On June 1, 2023, the U.S. Supreme Court decided Slack Technologies v. Pirani, No. 22-200, holding that a cause of action arising from § 11(a) of the Securities Act of 1933 for a material misstatement or omission in a...more

Arbitration Updates From China, Stockholm and the World Bank

In this continuation of updates on international arbitration trends in 2022, several additional arbitral institutions have published their annual reports, confirming a busy recovery year in the international arbitration...more

DOJ Announces Corporate Compliance Policy Changes and Provides New Guidance on Compensation Clawbacks and Personal Device...

In recent weeks, the U.S. Department of Justice (DOJ) has implemented significant changes to its corporate enforcement policies in an attempt to encourage companies to root out and voluntarily disclose corporate misconduct....more

Arbitration Updates From Hong Kong, Singapore and Stockholm

Hong Kong - The Hong Kong International Arbitration Centre (HKIAC) has recently released their statistics for 2022, providing an interesting glimpse into the state of international arbitration in Hong Kong....more

Supreme Court Decides Biden v. Texas

On June 30, 2022, the U.S. Supreme Court decided Biden v. Texas, No. 21-954. The Court held that the Immigration and Nationality Act (INA) does not prohibit the Biden administration’s Department of Homeland Security (DHS)...more

Supreme Court Decides Torres v. Texas Department of Public Safety

On June 29, 2022, the U.S. Supreme Court decided Torres v. Texas Department of Public Safety, No. 20-603. The Court held that a State may not invoke sovereign immunity as a legal defense to block a civil lawsuit filed against...more

Supreme Court Decides Ruan v. United States

On June 27, 2022, the U.S. Supreme Court decided Ruan v. United States, No. 20-1410, and Kahn v. United States, No. 21-5261, in a consolidated ruling. The Court held that when a criminal defendant is authorized to dispense...more

U.S. Supreme Court Curtails Discovery in International Arbitration

The U.S. Supreme Court has ruled in the case of ZF Automotive US v. Luxshare that parties to private foreign or international arbitrations may not seek discovery assistance from U.S. federal courts for use in their...more

Supreme Court Decides Patel v. Garland

On May 16, 2022, the U.S. Supreme Court decided Patel v. Garland, No. 20-979, holding that federal courts lack jurisdiction to review an immigration judge’s findings of fact pertaining to a removable immigrant’s petition for...more

DOJ and FBI Prioritize Antitrust Investigations of Price-Fixing and Collusive Schemes Stemming From Supply Chain Disruptions

With consumer prices increasing across the economy, the U.S. Department of Justice (DOJ) and the Federal Bureau of Investigation (FBI) announced on February 17, 2022, a new joint initiative designed to identify and prosecute...more

Supreme Court Decides City of San Antonio, Texas v. Hotels.com, L.P.

On May 27, 2021, the Supreme Court of the United States decided City of San Antonio, Texas v. Hotels.com, L.P., No. 20-334, holding that the federal courts of appeals have the discretion to apportion all the appellate costs...more

Supreme Court Decides Google LLC v. Oracle America, Inc.

On April 5, 2021, the U.S. Supreme Court decided Google LLC v. Oracle America, Inc., holding that Google’s copying of a portion of an Application Programming Interface (API) for Java SE, in which Oracle was presumed to have a...more

Predicting the Enforcement Priorities of the Biden DOJ

With President Biden’s nomination of D.C. Circuit Judge Merrick Garland for U.S. attorney general proceeding toward confirmation in the Senate, the leader of the nation’s legal department is poised to change enforcement...more

The Department of Justice in 2021 and Beyond: A Forecast

The outcome of the 2020 general election in the United States will determine which of two visions of the investigative and prosecutorial arms of the federal executive branch will prevail for 2021 and beyond. The campaigns and...more

London Court of International Arbitration Implements Rules to Improve, Expedite Commercial Arbitration Proceedings

On 1 October 2020, the London Court of International Arbitration (LCIA) implemented its newly promulgated and updated rules, seeking to improve and expedite its international commercial arbitration proceedings....more

Recent Decisions Reveal Deepening Split on the Issue of Discovery Through U.S. Courts for International Arbitrations

A current hot topic concerning international arbitration is whether parties can obtain discovery through the U.S. courts. Under 28 U.S.C. § 1782, an interested person may petition a district court for an order requiring a...more

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