Max Chester

Foley & Lardner LLP

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Second Circuit Holds that Arbitration Pursuant to Bilateral Investment Treaty Constitutes “Foreign or International Tribunal”...

The Second Circuit held on July 15, in AlixPartners,that an ad hoc private arbitration proceeding between a disgruntled Russian investor and Lithuania, pursuant to a treaty between these two nations, constituted a “foreign or...more

7/28/2021 / Arbitration , Bilateral Investment Treaties , Bright-Line Rule , Foreign Tribunals , Lithuania , Russia , SCOTUS , UNCITRAL

Supreme Court to Decide Whether U.S. Courts Can Compel U.S. Discovery for Use in Foreign Private Commercial Arbitrations under 28...

The Supreme Court granted a petition for a writ of certorari in Servotronics Inc. v. Rolls Royce PLC et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020) and will have the opportunity to resolve an important...more

3/29/2021 / Commercial Arbitration , Discovery , Foreign Tribunals , International Arbitration , Petition for Writ of Certiorari , Rolls-Royce , SCOTUS

Issue of Applicability of 28 U.S.C. §1782 to Private International Commercial Arbitrations Is Ripe for Supreme Court’s Review...

On July 8, 2020, the U.S. Court of Appeals for the Second Circuit held that 28 U.S.C. §1782, which affords discretion to U.S. courts to order discovery in the U.S. in connection with foreign proceedings, does not extend to...more

7/21/2020 / 28 U.S.C. § 1782 , Appeals , CIETAC , Commercial Arbitration , Discovery , Foreign Tribunals , International Arbitration , NBC , SCOTUS

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