I. INDIA’S HISTORY WITH BILATERAL INVESTMENT TREATIES 1. Bilateral investment treaties (“BITs”) are agreements between countries that provide protections to investors from one state investing in the other (the “host...more
In our September 2023 newsletter, we wrote about proposed amendments to the English Arbitration Act as it approaches its 30th anniversary. The proposed amendments were seen as very light touch, but included changes to: -...more
JAMS neutrals discuss how to navigate international arbitration in the states In this podcast, JAMS neutrals Laura C. Abrahamson, Esq. FCIArb, Robert Davidson, Esq., FCIArb, and Shelby Grubbs, J.D., FCIArb, discuss...more
The English Arbitration Act of 1996 is revered as underpinning the subsequent success of London as perhaps the world’s busiest arbitration venue. However, as the Act approaches its 30th anniversary, light touch reform is...more
Welcome to the 39th Edition of Arbitration World, a publication from K&L Gates’ International Arbitration practice group highlighting significant developments and issues in arbitration for executives and in-house counsel ...more
Last June, the Supreme Court brought much needed clarity for parties in commercial arbitrations seeking discovery assistance in the U.S. under Section 1782, by holding that such discovery assistance does not extend to...more
Almost nine months ago, on June 13, 2022, the U.S. Supreme Court issued a long awaited decision in ZF Automotive US, Inc. v. Luxshare, LTD. that sought to resolve a decades-old circuit split regarding whether 28 U.S.C. § 1782...more
The United States District Court for the Eastern District of New York provided further clarity to a lingering question in the aftermath of the U.S. Supreme Court’s recent decision in ZF Automotive: whether the ZF Automotive...more
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
In the recent judgment of Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) [2022] UKPC 21, the Privy Council upheld the...more
In Short - The Situation: Section 1782 of Title 28 of the U.S. Code authorizes U.S. district courts to order discovery "for use in a proceeding in a foreign or international tribunal." Over the last several years, U.S....more
The choice of arbitration institution can arise at any point in an investment cycle: from finalising initial agreements at fund or portfolio company level, or on an ad hoc basis when a dispute arises....more
In conjunction with the Ministry of Justice of the Kingdom of Saudi Arabia (“KSA”), the Saudi Centre for Commercial Arbitration (“SCCA”) conducted a study into KSA legislation and confirmed that parties to Saudi arbitration...more
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
Anyone involved in civil litigation in the United States knows that U.S. courts permit broad discovery, in contrast to many foreign tribunals with narrower discovery rules. What foreign litigants may not know is that, under...more
On June 13, 2022, the Supreme Court issued its opinion in ZF Automotive US, Inc., et al., v. Luxshare, Ltd....more
On July 1, 2022, the amended Regulations and Rules of the International Centre for Settlement of Investment Disputes (ICSID) (the 2022 Rules) will come into effect after being approved by the Member States on March 21,...more
On June 13, 2022, the U.S. Supreme Court decided whether 28 U.S.C. § 1782 – a provision of U.S. law that allows a federal district court to compel a resident individual or company to provide discovery for use “in a proceeding...more
We would like to update you on two significant developments in cross-border arbitration law. UK Privy Council - In the recent judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v...more
On June 13, the United States Supreme Court in ZF Auto. US, Inc. v. Luxshare, Ltd., No. 21-401, 2022 WL 2111355 (U.S. June 13, 2022) resolved a disagreement among the circuits and held that Section 1782 does not apply to...more
On June 13, 2022, the US Supreme Court decided ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, holding that Section 1782 requires a “foreign or international tribunal” be a tribunal imbued with governmental authority....more
This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and...more
On June 13, 2022, the Supreme Court rendered its decision on whether 28 U.S.C. §1782 (“§1782”) extends to foreign private arbitrations. In a consolidated action, the Court addressed two cases and unanimously held that only...more
The U.S. Supreme Court issued a rare unanimous decision on June 13 in a pair of consolidated cases that will have broad ramifications for international arbitration. In ZF Automotive US Inc. v. Luxshare Ltd. and AlixPartners...more
The U.S. Supreme Court has ruled in the case of ZF Automotive US v. Luxshare that parties to private foreign or international arbitrations may not seek discovery assistance from U.S. federal courts for use in their...more