In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Disputes ,
Commercial Arbitration ,
Discovery ,
Document Productions ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
Litigation Strategies ,
SCOTUS
Finality is often cited as an advantage of arbitration. But what happens if there is a clear error or irregularity in an award? Institutional rules and national arbitration laws typically provide a limited mechanism to...more
In a landmark decision handed down on November 27, 2020, the U.K. Supreme Court has confirmed that the English law of arbitration imposes a duty on arbitrators to disclose matters which would or might lead to the conclusion...more
12/2/2020
/ Arbitration ,
Arbitrators ,
Bias ,
Conflicts of Interest ,
Corporate Counsel ,
Duty of Confidentiality ,
Duty to Disclose ,
International Arbitration ,
International Bar Association (IBA) ,
Personal Liability ,
UK Supreme Court
The London Court of International Arbitration (LCIA) has issued updated arbitration rules (the “2020 Rules”). These include some important changes, many of which are designed to address users’ concern to improve time and...more
8/13/2020
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Case Consolidation ,
Case Management ,
Data Protection ,
Dismissals ,
Information Security ,
International Arbitration ,
LCIA ,
Remote Hearings ,
Tribunals
With the UK General Election on 12 December 2019 only days away, both of the leading parties are promising policies that in different ways may impact inward investors into the UK. Whether this is the rapid Brexit promised by...more
The last few weeks have seen a raft of new investor-state arbitrations under the Energy Charter Treaty (ECT), including the first known investor-state claim against the European Union (EU) itself. These claims largely arise...more
10/21/2019
/ Energy Charter Treaty ,
Energy Sector ,
EU ,
Foreign Investment ,
ICSID ,
International Arbitration ,
Investor Protection ,
Investor-State Arbitration ,
Investors ,
Member State ,
Oil & Gas ,
Renewable Energy ,
UNCITRAL
• The 6th Circuit Court of Appeals recently approved the use of 28 U.S.C. 1782(a) to obtain discovery in connection with a commercial arbitration proceeding occurring outside the United States.
• The decision establishes a...more
10/8/2019
/ 28 U.S.C. § 1782 ,
Appeals ,
Arbitration ,
Discovery ,
Document Productions ,
Foreign Arbitration Clauses ,
Foreign Tribunals ,
International Arbitration ,
Scope of Discovery Requests ,
Split of Authority ,
Statutory Interpretation
• The International Court of Arbitration (the “Court”) of the ICC has published a Note to Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the “Note” or the “2019 Note”)...more
2/22/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Commercial Arbitration ,
Data Protection ,
Disclosure Requirements ,
Duty to Disclose ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Investor-State Arbitration ,
Transparency ,
Tribunals
• In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel manifestly disregarded the law. The Appellate Division...more
2/4/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Breach of Contract ,
Corporate Counsel ,
Fraudulent Inducement ,
International Arbitration ,
Manifest Disregard ,
Motion to Vacate ,
Reinstatement ,
Rescission
In December 2018 the “Prague Rules” were released, providing users of international arbitration with suggested streamlined procedures aimed at increasing speed and reducing cost. It is intended that this will be achieved...more