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Sixth Circuit allows discovery in international private arbitration

In an opinion last Thursday, the Sixth Circuit held that a federal district court may order discovery for use in a foreign private arbitration. 28 U.S.C. § 1782(a) authorizes discovery “for use in a proceeding in a foreign or...more

Georgia Court of Appeals upholds arbitration award applying Cardinal Change Theory

In Gainesville Mechanical, Inc. v. Air Data, Inc., --- S.E.2d ---- (June 19, 2019), the Georgia Court of Appeals affirmed an arbitration award of modified total cost damages under a theory of cardinal change. Subcontractor...more

Supreme Court strengthens enforceability of arbitration provisions

In his first Supreme Court opinion, Justice Kavanaugh, writing for a unanimous court, held that when a contract delegates to arbitrators gateway questions regarding arbitrability of disputes, courts may not override that...more

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