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International Arbitration Supreme Court of the United States Federal Arbitration Act

Fox Rothschild LLP

U.S. Supreme Court Decides That, Where Parties Have Agreed to Two Contracts that Are In Conflict as to Whether a Dispute Between...

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In a unanimous opinion, the U.S. Supreme Court has decided that a court, not an arbitrator, must decide whether a dispute is subject to arbitration when parties have agreed to two separate agreements that are in conflict as...more

Foley & Lardner LLP

Eleventh Circuit Joins Its Sister Circuits in Holding that the FAA’s Grounds for Vacating Domestic Awards Are Available to...

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We recently wrote about the Eleventh Circuit’s May 2022 decision in Corporacion AIC, S.A. v. Hidroelectrica Santa Rita S.A. (AICSA v. HSR), holding that FAA grounds for vacating domestic arbitration awards are not available...more

Sheppard Mullin Richter & Hampton LLP

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

Conyers

Two Major Developments in Cross-border Arbitration Law

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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

Robinson & Cole LLP

Supreme Court Limits Section 1782 Discovery in International Arbitrations

Robinson & Cole LLP on

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

Snell & Wilmer

U.S. Supreme Court Closes the Door on Foreign Arbitration Discovery in the U.S.

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On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more

Fox Rothschild LLP

The Supreme Court Slams the Door on the Use of Federal Courts to Obtain Discovery in Aid of Foreign and International Arbitrations...

Fox Rothschild LLP on

The United States Supreme Court this week resolved an important issue regarding international arbitrations by ruling that, contrary to what at least two appellate courts had previously ruled, a U.S. statute that authorizes...more

Miller Canfield

United States Supreme Court Restricts Availability of U.S. Discovery in Support of International Arbitration

Miller Canfield on

Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more

Cranfill Sumner LLP

Round 2! U.S. Supreme Court Has Heard the Arguments on Section 1782 – Discovering the Issues With Discovery in International...

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The Supreme Court is (once again) slated to decide the issue of whether a private commercial arbitral panel constitutes a “foreign or international tribunal” under 28 U.S.C. § 1782, in the matter of ZF Automotive US, Inc.,...more

Foley Hoag LLP

Supreme Court Set to Decide Whether Section 1782 Discovery Can Be Compelled in Foreign-Seated Arbitrations

Foley Hoag LLP on

Under 28 U.S.C. § 1782, a District Court may compel a resident individual or company to provide discovery for use “in a proceeding in a foreign or international tribunal.” There is presently a circuit court split over what...more

Fox Rothschild LLP

A Review: State-Law Principles Allowing A Nonsignatory To Enforce An Arbitration Provision Against A Signatory May Be Applied To...

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In cases involving contracts between U.S. companies, courts frequently allow a nonsignatory to a contract to enforce an arbitration provision in the contract against a signatory, when the signatory to the contract relies on...more

McGuireWoods LLP

High Court’s Upcoming Decision May Have Major Impact on Foreign Arbitrations

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On March 22, 2021, the U.S. Supreme Court granted a petition for writ of certiorari in Servotronics, Inc. v. Rolls-Royce PLC, a decision that will likely resolve a circuit split over the power of an arbitrator to issue...more

King & Spalding

U.S. Supreme Court Will Rule on Whether Section 1782 Discovery is Available for Use in Private Foreign Commercial Arbitrations

King & Spalding on

In a highly anticipated decision, the U.S. Supreme Court has granted certiorari in Servotronics, Inc. v. Rolls-Royce PLC, et al. and agreed to address the question of whether federal courts may authorize discovery pursuant to...more

Troutman Pepper

Supreme Court Asked to Decide Circuit Split on Allowing US Discovery in Private, International Arbitrations

Troutman Pepper on

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

Snell & Wilmer

From the U.S. Supreme Court: The New York Convention Does Not Bar Non-Signatories to an Arbitration Agreement From Compelling...

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The U.S. Supreme Court recently addressed whether a non-signatory’s attempt to compel arbitration under an international arbitration agreement using domestic doctrines of equitable estoppel is barred by the Convention on the...more

Pillsbury Winthrop Shaw Pittman LLP

Important International Arbitration Issues Fill Supreme Court Docket

These rulings will likely impact critical strategic decisions early in international arbitrations. Recent Supreme Court decisions on international arbitration may clarify important issues and make for a more efficient...more

Foley & Lardner LLP

U.S. Supreme Court Holds That New York Convention Does Not Bar Nonsignatory From Compelling International Arbitration

Foley & Lardner LLP on

On June 1, 2020, in an opinion authored by Justice Thomas, the U.S. Supreme Court unanimously held that the Convention on Recognition and Enforcement of Arbitral Awards (commonly known as the “New York Convention,” which is...more

King & Spalding

Supreme Court Broadens Non-Signatory Enforcement of Arbitration Agreements Under the New York Convention

King & Spalding on

On Monday, June 1, 2020, the Supreme Court of the United States addressed the scope of enforceability by non-signatories of arbitration agreements under the Convention on the Recognition and Enforcement of Foreign Arbitral...more

Skadden, Arps, Slate, Meagher & Flom LLP

2019-20 Supreme Court Update

The U.S. Supreme Court’s 2019-20 term is receiving substantial attention for cases involving signature initiatives of President Donald Trump’s administration. But the Court also maintains an extensive docket directly relevant...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Involving the US and Latin America - ...

US Supreme Court Issues Trio of Arbitration Decisions - During its 2018-19 term, the U.S. Supreme Court issued decisions in three cases involving arbitration matters. These decisions, discussed further in our September 26,...more

WilmerHale

US Supreme Court Rejects “Wholly Groundless” Exception to Rule That Arbitrators Must Decide Arbitrability When Contract Delegates...

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On January 8, 2019, the US Supreme Court held in Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. --- (Jan. 8, 2019), that when a contract delegates to arbitrators the question whether a dispute is subject to...more

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