James Berger on SCOTUS

U.S. Supreme Court Will Rule on Whether Section 1782 Discovery is Available for Use in Private Foreign Commercial Arbitrations

In a highly anticipated decision, the U.S. Supreme Court has granted certiorari in Servotronics, Inc. v. Rolls-Royce PLC, et al. and agreed to address the question of whether federal courts may authorize discovery pursuant to...more

3/24/2021 / Certiorari , Commercial Arbitration , Discovery , Federal Arbitration Act , International Arbitration , SCOTUS , UK

Supreme Court Addresses Expropriation Exception to Foreign Sovereign Immunity

On February 3, 2021, the U.S. Supreme Court issued its anticipated decision in Germany v. Philipp, a case implicating the exception to foreign sovereign immunity for claims arising out of “property taken in violation of...more

2/16/2021 / Corporate Counsel , Expropriation , Federal Republic of Germany v Philipp , Foreign Policy , Foreign Sovereign Immunities Act of 1976 (FSIA) , Foreign Sovereigns , Germany , Nazi Looted Art , SCOTUS , Sovereign Immunity

Supreme Court Asked to Rule on Whether 28 U.S.C. § 1782 May be Used in Support of Private Arbitration

As we reported in our November 2, 2020 client alert, on September 22, 2020, the U.S. Court of Appeals for the Seventh Circuit ruled that 28 U.S.C. § 1782 cannot be used in support of Private Arbitration. We noted in our...more

12/22/2020 / Arbitration , Arbitration Agreements , Commercial Arbitration , Ex Parte , SCOTUS

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

11/2/2020 / Appeals , Arbitration , Discovery , Federal Arbitration Act , Foreign Arbitration Clauses , SCOTUS

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

7/17/2020 / Appeals , Appellate Courts , China , CIETAC , Commercial Arbitration , Discovery , Foreign Tribunals , International Arbitration , SCOTUS

Supreme Court Broadens Non-Signatory Enforcement of Arbitration Agreements Under the New York Convention

On Monday, June 1, 2020, the Supreme Court of the United States addressed the scope of enforceability by non-signatories of arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral...more

6/9/2020 / Arbitration Agreements , Estoppel , Federal Arbitration Act , International Arbitration , New York Convention , Non-Signatories , SCOTUS

U.S. Supreme Court Clarifies Rules Governing Proof of Foreign Law

International dispute practitioners are well aware of the challenges that arise when the substance of foreign law is disputed in U.S. courts. Most practitioners are aware that the question is governed by Rule 44.1 of the...more

6/28/2018 / Animal Science Products Inc v Hebei Welcome Pharmaceutical Co Ltd , Antitrust Violations , Application of Foreign Laws , China , Comity , Exports , FRCP Rule 44.1 , Judicial Deference , Price-Fixing , Question of Law , Reversal , SCOTUS , Sherman Act

International Litigation Update: United States Supreme Court Limits Extraterritorial Reach of RICO Claims

On June 20, 2016, the U.S. Supreme Court issued its decision in RJR Nabisco, Inc. v. European Community, holding that provisions of the Racketeer Influenced and Corrupt Organizations Act (RICO) apply to conduct that occurs...more

7/6/2016 / Domestic Injury , Drug Trafficking , EU , Extraterritoriality Rules , Money Laundering , Private Right of Action , RICO , RJR Nabisco v European Community , SCOTUS , Unfair Competition

James Berger

King & Spalding

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