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

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

Tokyo Dispute Resolution & Crisis Management Newsletter – December 2020

Update on a Powerful Tool in the Pursuit of Evidence in International Arbitration - Court of Appeal Decisions on Title 28 of the US Code § 1782 - Introduction - In our January 2020 newsletter, we examined Title 28...more

Seventh Circuit Denies Discovery in Support of Private Arbitration

On September 22, 2020, the United States Court of Appeals for the Seventh Circuit unanimously ruled in Servotronics, Inc. v. Rolls-Royce PLC, et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020), that 28 U.S.C. §...more

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

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

Fourth Circuit Allows Discovery in Support of Private Arbitration

On March 30, 2020, the United States Court of Appeals for the Fourth Circuit ruled in Servotronics Inc. v. Boeing Co., 954 F.3d 209 (4th Cir. 2020) that U.S. federal courts may order parties to produce documents and testimony...more

Ninth Circuit Confirms Limitation on Arbitrators’ Power to Compel Production of Documents from Third Parties Outside a Hearing

Introduction - On December 21, 2017, the U.S. Court of Appeals for the Ninth Circuit decided Vividus, LLC v. Express Scripts, Inc., affirming a decision by the U.S. District Court for the District of Arizona, and agreeing...more

Tokyo Dispute Resolution and Crisis Management Newsletter - August 2017

New York Appeals Court bars overseas enforcement of award - On June 29, 2017, a New York state appellate court unanimously upheld an extraordinary lower court order in a decision that may have significant implications for...more

The Next Chapter in Judicial Treatment of Annulled Awards: New York Court Enjoins Overseas Enforcement of Award

Introduction - On June 29, 2017, a New York state appellate court unanimously upheld an extraordinary lower court order in a decision that may have significant implications for the cross-border enforcement and recognition...more

Second Circuit Clarifies Law on Enforcement of Foreign Arbitral Awards under the New York Convention

On January 18, 2017, the United States Court of Appeals for the Second Circuit (Second Circuit) issued its decision in CBF Indústría de Gusa S/A v. AMCI Holdings, Inc., a case considering important questions on the...more

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