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International Arbitration Update: Supreme Court To Resolve Circuit Split Over Discovery In Aid Of Foreign-Seated Private...

On March 22, 2021, the United States Supreme Court granted certiorari in Servotronics Inc. v. Rolls-Royce PLC, No. 20-794, to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”)...more

U.S. Court Blocks Trump-Era Designation Of Xiaomi As A Chinese Military Company And Permits Continued Trading In Its Securities

On March 12, 2021, a U.S. district court granted a temporary injunction requested by the Hong Kong-listed, Chinese electronics giant, Xiaomi Corporation (“Xiaomi”). The injunction blocks the U.S. Department of Defense (“DoD”)...more

Latest HKIAC Statistics Reveal That Arbitration Continues To Thrive In Hong Kong Despite COVID-19

On February 9, 2021, the Hong Kong International Arbitration Centre (“HKIAC”) released its annual case statistics for 2020. This highly anticipated report provides insight into how arbitration in Hong Kong has fared in the...more

Corruption Perceptions Index 2020: Asia-Pacific Weathers COVID-19 But Risk Landscape Remains Diverse And Dynamic

On January 28, 2021, Transparency International (TI) published its annual Corruption Perceptions Index (CPI) for 2020. As with previous years’ indexes, the CPI 2020 demonstrates that many regions, including the Asia-Pacific...more

International Arbitration Update: Supreme Court Asked To Resolve Circuit Split Over Discovery In Aid Of Private Commercial...

On December 7, 2020, Servotronics, Inc. filed a petition for writ of certiorari asking the United States Supreme Court to decide whether parties may seek discovery in the United States for use in commercial arbitration...more

MoFo APAC Arbitration Update: September 2020

SINGAPORE ANNOUNCES AMENDMENTS TO ITS INTERNATIONAL ARBITRATION ACT On September 1, 2020, Singapore’s Ministry of Law announced that it is tabling the International Arbitration (Amendment) Bill (the “Bill”) to introduce...more

International Arbitration Update: Widening Circuit Split, Seventh Circuit Joins Second And Fifth Circuits In Refusing To Allow...

A recent decision by the U.S. Court of Appeals for the Seventh Circuit widens an existing circuit court split regarding whether parties may seek discovery in the United States for use in commercial arbitration proceedings...more

Singapore Convention On Mediation Enters Into Force

On September 12, 2020, the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention” or the “Convention”) will enter into force. The Singapore Convention obliges...more

Singapore Announces Amendments To Its International Arbitration Act

On September 1, 2020, Singapore’s Ministry of Law introduced an International Arbitration (Amendment) Bill (the “Bill”) that proposes two changes to the International Arbitration Act (“IAA”), which governs the conduct of...more

International Arbitration Update: Crystalizing Circuit Split, Second Circuit Refuses To Allow U.S. Discovery In Aid Of...

Parties to arbitrations seated outside the United States occasionally request that U.S. federal courts order discovery under 28 U.S.C. § 1782 (“Section 1782”), which allows discovery in the United States for use in a...more

International Arbitration Update: Fourth Circuit Approves U.S. Discovery In Aid Of Foreign-Seated Private Commercial Arbitration,...

An important question in international arbitration is whether courts in the United States can order discovery in aid of foreign-seated arbitrations under 28 U.S.C. § 1782 (“Section 1782”). The law in this area is quickly...more

U.S. Court Overturns FCPA Convictions Of Former Power Company Executive And Sentences Him To 15 Months On Money Laundering Charges

On March 6, 2020, a Connecticut federal judge sentenced former power company executive Lawrence Hoskins to 15 months’ imprisonment on money laundering charges, following his acquittal by the court the previous week on foreign...more

Corruption Perceptions Index 2019: Modest Changes In Asia-Pacific But Risk Landscape Remains Diverse And Dynamic

On January 23, 2020, Transparency International (“TI”) published its annual Corruption Perceptions Index (“CPI”) for 2019. As with previous years’ indexes, the CPI 2019 demonstrates that many regions, including Asia-Pacific,...more

MoFo APAC Arbitration Update: October 2019

CICC ISSUES FIRST RULINGS, AFFIRMS DOCTRINE OF SEPARABILITY - In October 2019, the PRC Supreme People’s Court published the first rulings issued by the First International Commercial Court (“CICC”). The three rulings,...more

MoFo APAC Arbitration Update: September 2019

Singapore Passes Amendment Bill on Recognition of Foreign Judgments - On September 2, 2019, Singapore’s Parliament passed the Reciprocal Enforcement of Foreign Judgments (Amendment) Bill and the Reciprocal Enforcement of...more

U.S. Court of Appeals Makes U.S. Discovery Available in Aid of International Commercial Arbitration

On September 19, 2019, the United States Court of Appeals for the Sixth Circuit, for the first time, ruled that 28 U.S.C. § 1782 (“Section 1782”) permits U.S. discovery in support of a private international commercial...more

MoFo APAC Arbitration Update: August 2019

Hong Kong Court Addresses Interplay Between Arbitration and Insolvency - On August 2, 2019, the Hong Kong Court of Final Appeal addressed the interplay between arbitration and the court’s insolvency jurisdiction in its...more

Malaysian Federal Court and English Court of Appeal Issue Rare Anti-Arbitration Injunctions

On July 1, 2019, in Jaya Sudhir a/l Jayaram v Nautical Supreme Sdn Bhd & Ors (Federal Court Civil Appeal No. 02(i)-83-09/2018(W)) (“Jaya Sudhir Jayaram”), the Federal Court of Malaysia granted an application by a non-party to...more

Newly Signed Singapore Convention to Make International Settlement Agreements Directly Enforceable in Convention States

On August 7, 2019, forty-six nations signed the Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) in Singapore. Negotiated and agreed under the auspices of the United...more

Malaysia Announces Intention to Require Listed Companies to Implement Anti-Corruption Measures

On 22 July 2019, the Securities Commission Malaysia (the “Securities Commission”) announced that it would implement an action plan to strengthen standards of corporate governance to prevent corruption, misconduct and fraud in...more

New Hague Convention Seeks to Facilitate Global Enforcement of Judgments

On July 2, 2019, the delegates of the 22nd Diplomatic Session of the Hague Conference on Private International Law (“HCCH”) finalized and adopted a new multilateral treaty, the 2019 Convention on the Recognition and...more

BNA v BNB: Singapore High Court Upholds Tribunal's Jurisdiction by Interpreting Agreement for "Arbitration in Shanghai" to Provide...

On July 1, 2019, the Singapore High Court handed down its anonymized decision in BNA v BNB [2019] SGHC 142 (“BNA”). The case involved an application under section 10(3) of Singapore’s International Arbitration Act (“IAA”)...more

Singapore Considers Amendments to Its International Arbitration Act

On June 26, 2019, Singapore’s Ministry of Law (the “Ministry”) published a consultation paper seeking comments from the public on six proposals for amendments to Singapore’s International Arbitration Act (“IAA”), which...more

Corruption Perceptions Index 2018: Public Sector Corruption in Asia-Pacific Still a Problem with China and Vietnam Dropping...

On January 29, 2019, Transparency International (“TI”) published its annual Corruption Perceptions Index (“CPI”) for 2018, a survey which ranks perceptions of public sector corruption in 180 countries and territories...more

China's New Anti-Corruption Agency Will Wield Broad Powers

On March 20, 2018, China's legislature passed the Supervision Law, granting extremely broad investigative powers to a new anti-corruption agency – the National Supervision Commission (“NSC”) – established by constitutional...more

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