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Evidence International Arbitration

IMS Legal Strategies

The Crucial Role of Expert Evidence in Complex International Arbitration

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In an era when companies from Boston are as likely to do business with Beijing as Baltimore, and a Seoul firm has regular commerce with Sao Paulo and Santiago, the means by which corporations and countries hammer out their...more

BCLP

BCLP Arbitration Survey 2023 - AI in IA: the Rise of Machine Learning

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Welcome to the results of our Arbitration Survey 2023 on the use of Artificial Intelligence in International Arbitration. In keeping with this year’s survey topic, we asked a generative AI tool to compose an introductory...more

Dorsey & Whitney LLP

The Supreme Court - June 14, 2022

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Kemp v. United States, No. 21-5726: This case concerns whether the word “mistake” in Rule 60(b)(1) of the Federal Rules of Civil Procedure applies to a judge’s error of law. Rule 60 authorizes a district court to reopen a...more

Troutman Pepper

SCOTUS Resolves Section 1782 Controversy: Courts Cannot Order Discovery in Most International Arbitrations

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On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more

BakerHostetler

Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

BakerHostetler on

In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more

Schwabe, Williamson & Wyatt PC

Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare,...

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private...more

K&L Gates LLP

HUB Talks: Discussing Expert Evidence in International Arbitration with Professor Doug Jones AO

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Chambers & Partners say of Professor Jones that "He is regarded by many as ‘the leading construction arbitrator in the world’". In this Podcast we discuss with Professor Jones his thoughts on different ways to more...more

Akin Gump Strauss Hauer & Feld LLP

2021 Year in Review - Civil Fraud

Welcome to our 2021 round-up for civil fraud litigation, complex crossborder disputes and asset recovery. In this publication, we consider some of the key cases and developments in English law and practice from the past year...more

Proskauer - Minding Your Business

Discovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery

The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782.  The Court granted...more

K&L Gates LLP

HUB Talks: Arbitration World: Fact Witness Evidence in International Arbitration: Is Change on the Horizon?

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Ian Meredith of K&L Gates, Paul Key QC of Essex Court Chambers, and Eduardo Damião Gonçalves of Mattos Filho discuss the issues raised by the ICC Task Force report into fact witness evidence amid the concerns over the...more

BCLP

BCLP Arbitration Survey 2021: Expert Evidence in International Arbitration

BCLP on

This year’s survey considers the role of party-appointed experts in international arbitration: a topic that has been the subject of debate for a number of years. Party-appointed expert evidence is an established feature...more

K&L Gates LLP

Fact Witness Evidence in International Arbitration: Is Change on the Horizon?

K&L Gates LLP on

In recent years, the International Chamber of Commerce (the ICC) has turned its attention to the preparation and testing of fact witness evidence in international arbitration and enlisted the help of a task force to...more

Troutman Pepper

Int'l Arbitration Rules Revision Reflects Flexible Approach

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On Feb. 15, the International Bar Association released the long-awaited update, adopted by the IBA Council on Dec. 17, 2020, to the IBA Rules on the Taking of Evidence in International Arbitration. Originally published in...more

TransPerfect Legal

Technology in Arbitration: Thoughts from the 2021 ICC Prague Arbitration Day

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Whilst the world has been physically isolating thanks to the pandemic, lockdown has triggered a sharp increase in online knowledge sharing. I was honoured to speak at such an event recently: the ICC’s Arbitration Day ‘in’...more

JAMS

No Reason to Fear Discovery in International Arbitration Seated in the United States

JAMS on

The potential for prolonged, overly burdensome and expensive discovery in both domestic and international arbitration seated in the United States has been a major concern among commercial entities and their counsel for many...more

Orrick, Herrington & Sutcliffe LLP

The Revision of the IBA Rules on the Taking of Evidence in International Arbitration: Catching Up With Reality

On 15 February 2021, the International Bar Association (the IBA) released its updated Rules on the Taking of Evidence in International Arbitration (the IBA Rules or the Rules).  The updated Rules were adopted on 17 December...more

Troutman Pepper

2020 Updated to the IBA Rules: Modest Changes for Challenges New and Old

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On February 15, 2021, the International Bar Association (IBA) released the long-awaited 2020 update to its highly influential Rules on the Taking of Evidence in International Arbitration (“IBA Rules”). Known for their...more

Dorsey & Whitney LLP

The Supreme Court - March 22, 2021

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Servotronics, Inc. v. Rolls-Royce PLC, No. 20-794: Whether the discretion granted to district courts in 28 U.S.C. §1782(a) to render assistance in gathering evidence for use in “a foreign or international tribunal”...more

Jones Day

Witness-Gating: Arbitrator's Denial of Witness Evidence at Hearing Deemed Breach of Natural Justice in Singapore

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While tribunals in Singapore enjoy wide discretion in managing procedural and evidentiary matters in arbitrations, that discretion is not unfettered and does not necessarily allow a tribunal to deny parties the right to...more

Fox Rothschild LLP

Virtual Reality Of Arbitration Hearings

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Due to uncertainties created by the pandemic, virtual hearings will continue to remain the default option in particular in domestic, international and cross border proceedings, in which in-person appearances are made...more

Fox Rothschild LLP

U.S. Circuit Courts Split Over Issues Concerning The Ability To Obtain Evidence From Non-Parties In International Arbitration,...

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In these series of posts, we discuss the differences that have emerged in rulings by federal appeals courts in the United States Circuits on certain issues that may affect the ability of a party in an international...more

Hogan Lovells

Second Circuit confirms: No discovery for private international arbitrations

Hogan Lovells on

The Second Circuit confirmed this week that within the circuit, parties may not ask federal courts to order discovery for use in private arbitrations. The Second Circuit's ruling, In re Application and Petition of Hanwei Guo,...more

Morgan Lewis

Singapore High Court Sets Aside Arbitration Award for Arbitrator’s Overextensive Use of Witness Gating

Morgan Lewis on

In CVP v. CBS [2020] SGHC 23, the Singapore High Court had the opportunity to determine whether an arbitrator had a right to deny one party from hearing evidence from any of the plaintiff’s witnesses. At issue was whether...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – January 2020

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Title 28 of the United States Code § 1782 (“§ 1782”) has always been a powerful tool in the pursuit of evidence located in the United States for use in foreign proceedings, and it has been well understood for some time that §...more

Sheppard Mullin Richter & Hampton LLP

GDPR and International Arbitration at a Crossroad

The International Council for Commercial Arbitration (ICCA) and the International Bar Association (IBA) have established a Joint Task Force on Data Protection in International Arbitration Proceedings. The task force will...more

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