Neil Popovic on Arbitration

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

8/10/2022 / 28 U.S.C. § 1782 , AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States , Arbitration , Business Disputes , Business Litigation , Commercial Arbitration , Discovery , Federal Arbitration Act , Foreign Jurisdictions , Foreign Tribunals , International Arbitration , International Litigation , SCOTUS , UNCITRAL , ZF Automotive US Inc v Luxshare Ltd

Supreme Court Set To Resolve Circuit Split Concerning Foreign Arbitration Discovery Rules

On December 10, 2021, the U.S. Supreme Court granted certiorari in two cases to determine whether district courts can compel discovery proceedings in private foreign arbitrations. The two consolidated cases are ZF Automotive...more

12/16/2021 / Arbitration , Certiorari , Corporate Counsel , Discovery , Foreign Arbitration Clauses , International Arbitration , SCOTUS , Servotronics v Rolls-Royce

SCOTUS Finally Agrees to Consider Permissibility of Discovery in the U.S. for Use in Private Foreign Arbitration

On March 22, 2021, the U.S. Supreme Court granted certiorari in the case brought by Servotronics Inc., where it challenged the Seventh Circuit’s decision to reject discovery pursuant to 28 U.S.C. § 1782 for use in a private...more

3/23/2021 / Arbitration , Certiorari , Discovery , Foreign Arbitration Clauses , International Arbitration , SCOTUS

Insisting on Live, In-person Arbitration Hearings During The Pandemic

Throughout the coronavirus pandemic, parties to an arbitration agreement and arbitrators have grappled with the issue of the right to a live, in-person arbitration hearing. Is there a due process concern that flows from...more

3/9/2021 / Administrative Procedure , Arbitration , Coronavirus/COVID-19 , Due Process , Remote Hearings

Rolls-Royce Seeks to Resolve Circuit Split on Whether District Courts Can Order Discovery For Use in Private Arbitration

As discussed in our previous blog, many foreign companies favor private international arbitration for dispute resolution purposes in order to avoid being haled into a U.S. court and to avoid U.S.-style discovery. That...more

5/26/2020 / 28 U.S.C. § 1782 , Arbitration , Discovery , Document Productions , Foreign Jurisdictions , Foreign Tribunals

Privacy And Confidentiality Are Siblings, Not Twins

When asked why they choose to resolve their disputes through international arbitration, parties often identify confidentiality as an important factor. While the parties may think their arbitration is confidential, in many...more

6/28/2019 / Arbitration , Arbitration Agreements , Confidential Information , Confidentiality Agreements , Federal Arbitration Act , International Arbitration , Singapore

Contracts with Foreign Companies May Require a Rewrite

A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL...more

6/14/2018 / Appeals , Arbitration , Arbitration Awards , Construction Industry , Court Appearances , Engineering , EPC Contractor , Foreign Investment , Foreign Suppliers , Hague Convention , International Treaties , Notice Requirements , Public Private Partnerships (P3s) , Service by Mail , Supply Chain , Supremacy Clause , Terms of Service

Neil Popovic

Sheppard Mullin Richter & Hampton LLP

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