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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

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

SCOTUS Invalidates CA Law Preventing Arbitration of Individual PAGA Claims When a Valid Arbitration Agreement Exists

In its 12th case regarding arbitration in the last five years, the Roberts court fascination with the dispute resolution method continues. In the second of two decisions regarding arbitration this week, the Court...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 Resolves Circuit Split: A Showing of Prejudice Not Required to “Waive” Right to Arbitration

Q: In a unanimous opinion, the U.S. Supreme Court held that employers who do not act promptly to invoke an arbitration clause may be held to waive arbitration. What does this mean for my company? ...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 case accepted by the U.S. Supreme Court has been settled and withdrawn, with the matter now removed from the Court’s October 2021 argument calendar.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

Another Blow for Class Arbitration at the Supreme Court

On April 24, the U.S. Supreme Court issued the latest in its line of recent decisions hostile to class action arbitration. In Lamps Plus, Inc. v. Varela, the Court stated that merely showing ambiguity in an arbitration clause...more

Supreme Court's Latest Arbitration Opinion Bucks a Pro-Arbitration Trend

For the second time in a week, the U.S. Supreme Court issued a unanimous opinion on arbitration. This time, in New Prime Inc. v. Oliveira, No. 17-340 (Jan. 15, 2019)...more

Kavanaugh's First Opinion: In Arbitration Agreements, Delegation Means Delegation

The U.S. Supreme Court recently issued another decision making it easier for parties to arbitrate. This time, the Court did away with any exceptions to clauses delegating to arbitrators the right to decide their own...more

Supreme Court Upholds Validity of Employee Class Action Waivers

On May 21, in a 5-4 opinion, the U.S. Supreme Court ruled that arbitration agreements in which an employee waives the right to pursue his or her employment claims in a class or collective action are enforceable under the...more

BNSF v. Tyrrell: The Other International Shoe Has Dropped

The availability of any forum aside from a defendant's state of incorporation or principal place of business will require a plaintiff to carefully consider the likelihood of obtaining specific jurisdiction because there is...more

You've Got Mail: Supreme Court Holds Foreign Defendants May Be Served Via Certified Mail Under Hague Convention

Starting a lawsuit against defendants outside the United States just got cheaper and easier. On May 22, the U.S. Supreme Court settled a dispute as to whether the Hague Convention on the Service Abroad of Judicial and...more

Supreme Court Holds That Courts Must Defer To Arbitrators In First Case Addressing International Investment Treaty Arbitration

On March 5, 2014, the United States Supreme Court decided BG Group, PLC v. Republic of Argentina, the first case in which the Court addressed an international investment treaty arbitration (a case between a private investor...more

Supreme Court Holds That Courts Must Defer To Arbitrator’s Decision To Authorize Class Arbitration

On June 10, 2013, the United States Supreme Court unanimously held in Oxford Health Plans, LLC v. Sutter that an arbitrator’s decision to authorize class arbitration will not be disturbed under Section 10(a)(4) of the Federal...more

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