On July 8, the Second Circuit affirmed a refusal to enforce a $1.8 billion arbitration award (now worth approximately $2.7 billion with interest) annulled by a Nigerian court in Esso v. Nigerian National Petroleum Company. In...more
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
The U.S. Supreme Court (SCOTUS) is primed to resolve a decades-old dispute concerning whether 28 U.S.C. § 1782(a) applies to private international arbitrations. Its decision could open a world of discovery options to...more
The U.S. Supreme Court will resolve the circuit split concerning whether 28 U.S.C. § 1782(a) (Section 1782) applies to private, commercial international arbitrations after all. On December 10, the Court agreed to hear a pair...more
The Supreme Court decided a number of significant business cases in the 2019 and 2020 terms. To outside observers, the decisions are characterized largely by continuity and incrementalism—we did not see a swinging pendulum of...more
12/13/2021
/ Administrative Patent Judges ,
Alien Tort Statute ,
Article III ,
Bostock v Clayton County Georgia ,
Cedar Point Nursery v Hassid ,
Fifth Amendment ,
Injury-in-Fact ,
Nestle USA Inc. v Doe I ,
Patent Trial and Appeal Board ,
SCOTUS ,
Standing ,
Takings Clause ,
TransUnion LLC v Ramirez ,
United States v Arthrex Inc