David Shargel

Bracewell LLP

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Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782

On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,...more

6/15/2022 / 28 U.S.C. § 1782 , Arbitration , Commercial Arbitration , Federal Arbitration Act , Foreign Arbitration Clauses , Foreign Tribunals , Investor-State Arbitration , SCOTUS

Broad U.S. Discovery Now Available in Foreign Arbitrations

In a decision that may significantly increase access to domestic discovery in foreign arbitration proceedings, the United States Court of Appeals for the Sixth Circuit ruled on September 19 that courts may order individuals...more

9/25/2019 / Appeals , Arbitration , Corporate Counsel , DIFC , Discovery , Document Productions , Federal Arbitration Act , Foreign Tribunals , International Arbitration , Split of Authority

Second Circuit Rules Broad Forum Selection Clause Trumps FINRA Rule Requiring Arbitration

On August 21, 2014, the United States Court of Appeals for the Second Circuit joined the Ninth Circuit in holding that FINRA rules requiring arbitration of customer disputes may be superseded by an agreement between a member...more

8/26/2014 / Appeals , Arbitration , Broker-Dealer , Citigroup , Financial Industry Regulatory Authority (FINRA) , Forum Selection , Goldman Sachs , UBS

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