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Seventh Circuit Denies Discovery in Support of Private Arbitration

On September 22, 2020, the United States Court of Appeals for the Seventh Circuit unanimously ruled in Servotronics, Inc. v. Rolls-Royce PLC, et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020), that 28 U.S.C. §...more

Second Circuit Denies Discovery in Support of Private Arbitration

On July 8, 2020, the United States Court of Appeals for the Second Circuit unanimously ruled in Hanwei Guo v. Deutsche Bank Securities Inc., J.P. Morgan Securities LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated,...more

Sixth Circuit Allows Discovery In Support of DIFC Arbitration

The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) has ruled that federal courts in the United States may order parties to produce documents and testimony in support of private commercial arbitrations...more

Ninth Circuit Confirms Limitation on Arbitrators’ Power to Compel Production of Documents from Third Parties Outside a Hearing

Introduction - On December 21, 2017, the U.S. Court of Appeals for the Ninth Circuit decided Vividus, LLC v. Express Scripts, Inc., affirming a decision by the U.S. District Court for the District of Arizona, and agreeing...more

Tokyo Dispute Resolution and Crisis Management Newsletter - August 2017

New York Appeals Court bars overseas enforcement of award - On June 29, 2017, a New York state appellate court unanimously upheld an extraordinary lower court order in a decision that may have significant implications for...more

Second Circuit Addresses Expropriation and Imputation Issues under FSIA

Introduction - On October 14, 2016, the U.S. Court of Appeals for the Second Circuit (Second Circuit) issued a decision in Arch Trading Corp. v. Republic of Ecuador, a case addressing the expropriation exception to...more

Second Circuit Affirms Arab Bank’s Decision to Uphold Kiobel I

On August 24, 2016, the U.S. Court of Appeals for the Second Circuit (“Second Circuit”) issued its decision in Licci et al. v. Lebanese Canadian Bank, SAL, which involved claims brought against Lebanese Canadian Bank, SAL...more

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