Frederick Acomb

Miller Canfield

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United States Supreme Court Restricts Availability of U.S. Discovery in Support of International Arbitration

Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more

6/15/2022 / 28 U.S.C. § 1782 , Arbitration , Commercial Arbitration , Corporate Counsel , Discovery , Federal Arbitration Act , Foreign Jurisdictions , Foreign Tribunals , International Arbitration , International Litigation , SCOTUS

Third Circuit Holds That an Arbitration Award Was a Judicial Record and Must Be Unsealed

People often agree to arbitrate their disputes because they presume that, unlike litigation, the proceedings will be confidential. An increasing number of court decisions suggest that this presumption may be unwarranted....more

1/13/2021 / Appeals , Arbitration , Arbitration Awards , Confidential Information , Corporate Counsel , Judicial Records , Public Access Laws , Reinsurance , Sealed Records

The Escalating Split Over the Right to Obtain Discovery in the U.S. For Use in Private International Arbitrations Seated Outside...

Parties involved in litigation outside the United States have long had at their disposal a useful tool for obtaining American-style discovery in the U.S. 18 U.S.C. § 1782(a) of the United States Code authorizes a United...more

7/17/2020 / 28 U.S.C. § 1782 , Arbitration , Corporate Counsel , DIFC , Discovery , Dubai , International Arbitration , Split of Authority , Tribunals , UK

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