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
5/29/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Business Litigation ,
Coinbase ,
Coinbase Inc v Suski et al ,
Crypto Exchanges ,
Cryptocurrency ,
Delegation Clauses ,
SCOTUS ,
Sweepstakes
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
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
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
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 case accepted by the U.S. Supreme Court has been settled and withdrawn, with the matter now removed from the Court’s October 2021 argument calendar.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
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
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
The U.S. Supreme Court issued a unanimous decision on June 1 in GE Energy Power Conversion France SAS, Corp. v. Outokumpu Stainless USA, LLC, holding that, in some circumstances, even nonsignatories to an agreement may invoke...more
6/3/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
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