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SCOTUS Designates Dueling Delegation Decision to Courts

SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more

Minnesota Court Denies Substitution Motion: Implications for Litigation Funders

A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal...more

A Change in Course? The Eleventh Circuit May Soon Join Most Circuits on the Applicability of FAA Grounds to Vacate Nondomestic...

In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic...more

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

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

Election in France: Implications for US Relations

France’s Parliament consists of 577 members, making 289 seats necessary for an absolute majority. In the recent election, President Emmanuel Macron’s party managed just 245 seats — the first time in 20 years that the sitting...more

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

SCOTUS to Resolve Circuit Split After All — Can Federal Courts Order Discovery For Use in Private, Commercial International...

The U.S. Supreme Court will resolve the circuit split concerning whether 28 U.S.C. § 1782(a) (Section 1782) applies to private, commercial international arbitrations after all. On December 10, the Court agreed to hear a pair...more

SCOTUS to Dismiss 28 U.S.C. § 1782(a) Case: No Resolution (For Now) as to Whether the Section Applies to Private, Commercial,...

The Servotronics Inc. v. Rolls-Royce PLC et al. case accepted by the U.S. Supreme Court has been settled and withdrawn, with the matter now removed from the Court’s October 2021 argument calendar. As reported in our March 23...more

Certiorari Granted: SCOTUS to Decide if 28 U.S.C. § 1782(a) Applies to Private, Commercial, International Arbitrations

After its conference on March 19, the Supreme Court decided to hear the request of Servotronics, Inc. to determine whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a)...more

Supreme Court Asked to Decide Circuit Split on Allowing US Discovery in Private, International Arbitrations

On December 7, the Supreme Court received a request to decide whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a) (Section 1782) to obtain discovery through U.S....more

Circuits Remain Split on Allowing U.S. Discovery in Private, International Arbitrations

This is an update to our article “Supreme Court May Decide if Litigants Can Conduct U.S. Discovery for Private International Arbitrations,” published on July 7, 2020. The next day, July 8, the Second Circuit upheld its 1999...more

Supreme Court May Decide if Litigants Can Conduct U.S. Discovery for Private International Arbitrations

While discovery, especially document discovery, is increasingly a feature in complex international commercial arbitrations, it is almost never as broad as discovery permitted by U.S. law and procedure. Indeed, when global...more

Best Practice With Notices for Force Majeure Events

As the wave of reopening orders sweeps across the country, businesses see a light at the end of the tunnel. That light, however, in many instances is still yellow, and may be so for some time to come. ...more

Virtual International Arbitration And The COVID-19 Pandemic: One Institution's Approach

In the midst of the COVID-19 pandemic, the flexibility of arbitration is on full display. Unlike courts, which must clear bureaucratic hurdles to implement changes while also adhering to requirements such as public access,...more

Force Majeure Provisions During the COVID-19 Pandemic [Audio]

Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and respond. ...more

Drafting Force Majeure Clauses To Provide For Pandemic-Related Contingencies

While our economy has slowed, it has not stopped. Businesses that continue, even if in a less robust fashion, will continue to make deals and contracts. This article provides guidance on how those new contracts can address...more

Template Protections For Essential Businesses That Continue To Operate

Over the past seven days, our COVID-19 Task Force has developed significant experience across the nation assisting businesses with assessing whether they can and/or should remain open and, if so, under what circumstances in...more

COVID-19: Must Your Business Close?

As local governments seek to stop the spread of the novel coronavirus (COVID-19), states, counties and cities have issued executive orders, recommendations and mandatory restrictions that limit business operations and public...more

A New Way to Enforce International Mediated Settlement Agreements

On January 6, Singapore took the next step in effectuating an international enforcement regime for mediated settlement agreements by introducing legislation to become the first nation to ratify the Singapore Convention....more

International Litigation and Transactions in the Face of GDPR – A Panel Preview [Audio]

On December 11, 2019, Pepper Hamilton will host our 10th Annual Antitrust Developments Update in Philadelphia. This interactive seminar will cover some of the leading topics in antitrust today and will provide attendees with...more

U.S.-India Newsletter - September 2019

Over the years, and following the general elections in 2019, the partnership between the United States and India has gone from strength to strength. U.S.-India bilateral trade surged to more than $142 billion in 2018, up 12.7...more

NY Appellate Court Weakens 'Manifest Disregard' Exception to Arbitration Enforcement

A closely followed New York trial court decision in favor of the “manifest disregard” standard for vacating arbitral awards was recently reversed by the New York Supreme Court Appellate Division in In re Daesang Corp. v. The...more

FTC Issues First Formal Policy on Section 5's Unfair Competition Authority

Although the brief FTC statement is beneficial, the sweeping language contained in the policy statement gives little practical guidance to the business community. On August 13, the Federal Trade Commission (FTC) issued...more

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