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Non-Parties Arbitration Agreements Federal Arbitration Act

Latham & Watkins LLP

Court of Appeal Can Compel a Non-Party to an Arbitration Agreement to Provide Evidence

Latham & Watkins LLP on

A new decision signals the Court’s readiness to interpret section 44(2)(a) of the Arbitration Act 1996 broadly. In A and B v C, D and E (Taking evidence for a foreign seated arbitration), the Court of Appeal unanimously...more

Mintz - Arbitration, Mediation, ADR...

"Class Arbitration": Second Circuit Declines to Pull the Plug on Mechanism that SCOTUS Largely Scorns

“Class arbitration” signifies the utilization of the Fed.R.Civ.P. 23 protocol in an arbitration proceeding. A fundamental question among many concerning the legal viability of “class arbitration” is whether an arbitrator can...more

Burr & Forman

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

Burr & Forman on

Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties.  And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more

Mintz - Arbitration, Mediation, ADR...

How to Enforce an Arbitration Subpoena: Jurisdiction and Venue Basics

The Federal Arbitration Act (“FAA”) §7 (9 U.S.C. §7) enables arbitrators to “summon … any person to attend before them or any of them as a witness and in a proper case to bring with him or them any [document] which may be...more

Mintz - Arbitration, Mediation, ADR...

Document Discovery From Non-Parties in Commercial Arbitration: Availability and Practical Considerations

Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more

Spilman Thomas & Battle, PLLC

Recent Decisions Enforcing Arbitration Provisions

For banking executives and in-house counsel, arbitration can be a preferable alternative to litigation to avoid costly trials and home-town advantages. In this article, we highlight four recent court decisions that affect the...more

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