On August 6, the Food and Drug Administration (FDA) and Clinical Trials Transformation Initiative (CTTI) held a joint workshop to explore “Artificial Intelligence in Drug & Biological Product Development.”
The workshop…
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/ Administrative Law, Health, Science, Computers, & Technology
To stay or to go (from the docket)? For decades, federal courts of appeal have disagreed on a fundamental procedural question: when a dispute filed in federal district court is subject to arbitration, should the court dismiss…
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/ Alternative Dispute Resolution (ADR), Civil Procedure
Online retailers routinely include arbitration clauses in the terms of service for their website, seeking to send any consumer claims to arbitration and to eliminate a consumer’s right to file a class action lawsuit. Companies…
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/ Alternative Dispute Resolution (ADR)
In what appears to be an effort to standardize and professionalize its mediation practices and procedures, China recently enacted new rules governing the mediation of intellectual property disputes. Issued by the Mediation…
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/ Alternative Dispute Resolution (ADR), Intellectual Property
Holders of IP rights, including patents, copyrights, trademarks, and trade secrets, have traditionally filed IP-related disputes in court, and there’s no question that court litigation will continue to be the most popular forum…
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/ Alternative Dispute Resolution (ADR), Intellectual Property
Recently, the U.S. Supreme Court denied certiorari in Piersing v. Domino’s Pizza Franchising LLC, 20-695 (Jan. 25 2021) and dismissed its own writ of certiorari as “improvidently granted” in Henry Schein, Inc. v. Archer & White…
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/ Alternative Dispute Resolution (ADR), Civil Procedure
In its restraint, SCOTUS has shown us the mischief that arbitrators may do if parties are lax in setting boundaries in their agreement to arbitrate. By declining to grant certiorari regarding the Second Circuit’s most recent…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts
The Seventh Circuit is the latest Court of Appeals to enter the fray concerning the scope of application of 28 U.S.C. §1782(a), finding additional reasons to hold that a foreign or international commercial arbitration is not a…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade
Congress long ago generously provided for American judicial assistance in obtaining discovery in the United States “for use in a proceeding in a foreign or international tribunal” without requiring reciprocity from the country…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, International Law & Trade
On June 15, 2020, the U.S. Supreme Court welcomed back a familiar case by granting certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc., No. 19-963. SCOTUS itself arguably made the case’s second visit to Washington…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
When all was said and done, the U.S. Supreme Court ruled unanimously on June 1, 2020 in effect that the New York Convention (i.e., the U.N. Convention on the Recognition and Enforcement of Foreign Arbitral Awards) and the…
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/ Alternative Dispute Resolution (ADR), Civil Remedies, Commercial Law & Contracts, Conflict of Laws, International Law & Trade
Just as the jurisprudential pendulum appeared to be swinging smoothly in one direction, the Second Circuit declined to get on board and instead pushed back to the future on July 8, 2020 in holding that federal courts may not…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts, International Law & Trade
Here is reason for hope for those who face with trepidation the prospect of enforcing an international arbitration award in India. On June 2, 2020, the Supreme Court of India (“ISC”) confirmed the enforceability there of a…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Civil Remedies, Commercial Law & Contracts, International Law & Trade
The statutory mechanism for judicial enforcement of an arbitration “subpoena” – in actuality, an arbitrator’s summons to give evidence -- is simply by petition to “the United States District Court for the district for which such…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
The United States Supreme Court established that questions of arbitrability are presumptively for a court unless the parties clearly and unmistakability manifest their intention (i.e, agreement) that such issues should be…
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/ Alternative Dispute Resolution (ADR), Civil Procedure, Commercial Law & Contracts
