Danni Shanel at Troutman Pepper

SCOTUS Designates Dueling Delegation Decision to Courts

SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more

5/29/2024 / Arbitration , Arbitration Agreements , Arbitrators , Business Litigation , Coinbase , Coinbase Inc v Suski et al , Crypto Exchanges , Cryptocurrency , Delegation Clauses , SCOTUS , Sweepstakes

Federal Court Further Narrows 28 U.S.C. § 1782 Application Following Landmark SCOTUS Decision

Since the U.S. Supreme Court (SCOTUS) issued its June 2022 critical decision in AlixParters, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, private parties have been foreclosed from petitioning federal courts...more

11/18/2022 / 28 U.S.C. § 1782 , AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States , Arbitration , Discovery , Foreign Tribunals , International Arbitration , International Litigation , SCOTUS

Can You Enforce an International Arbitration Award That’s Been Set Aside?

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

8/12/2022 / Arbitration , Arbitration Agreements , Arbitration Awards , International Arbitration

SCOTUS Invalidates CA Law Preventing Arbitration of Individual PAGA Claims When a Valid Arbitration Agreement Exists

In its 12th case regarding arbitration in the last five years, the Roberts court fascination with the dispute resolution method continues. In the second of two decisions regarding arbitration this week, the Court...more

6/20/2022 / Arbitration , Arbitration Agreements , Class Action , Employment Litigation , Federal Arbitration Act , Labor Law Violations , Preemption , Private Attorneys General Act (PAGA) , SCOTUS , State Labor Laws , Viking River Cruises , Viking River Cruises Inc v Moriana

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

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

6/15/2022 / 28 U.S.C. § 1782 , Arbitration , Discovery , Evidence , Foreign Tribunals , International Arbitration , SCOTUS

Section 1782 Is Back

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

2/28/2022 / 28 U.S.C. § 1782 , Arbitration , Discovery , Foreign Tribunals , International Arbitration

Federal Arbitration Act Will Likely Be Amended to Prohibit Pre-Dispute Arbitration Clauses for Sexual Assault and Sexual...

President Biden is expected to soon sign into law an amendment to the Federal Arbitration Act (FAA) that would prohibit mandatory arbitration of sexual assault and sexual harassment claims regardless of whether the claims...more

2/16/2022 / Arbitration , Employer Liability Issues , Federal Arbitration Act , Mandatory Arbitration Clauses , Sexual Assault , Sexual Harassment

Danni Shanel

Troutman Pepper

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