International comity has long sat at the center of U.S. foreign relations law, governing how U.S. courts approach conflicting foreign laws, foreign judgments, and abstention. However, evaluation of international comity...more
3/10/2025
/ Alien Tort Statute ,
Appeals ,
Choice-of-Law ,
Comity ,
Extraterritoriality Rules ,
Federal Jurisdiction ,
Foreign Relations ,
SCOTUS ,
State Law Claims ,
Tort ,
Trade Agreements
On February 28, the U.S. Court of Appeals for the Ninth Circuit affirmed a district court’s denial of a petition to compel individual arbitration against Starz Entertainment, LLC. The court held that the plaintiff, who...more
3/5/2025
/ Appeals ,
Arbitration ,
Arbitration Agreements ,
Breach of Contract ,
Case Consolidation ,
Class Action ,
Contract Terms ,
Dispute Resolution ,
Federal Arbitration Act ,
Jurisdiction ,
Motion to Compel ,
Multidistrict Litigation ,
Terms of Service
For decades, representatives of business interests fought to place disputes, especially business-to-consumer (“B-to-C”) disputes, into arbitration rather than court. A second front in this battle developed in which these same...more
SCOTUS has once again clarified a court’s power to compel arbitration, this time in the context of conflicting delegation clauses. In doing so, the Court aptly acknowledged its standing tri-layered analysis of arbitral...more
5/29/2024
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Business Litigation ,
Coinbase ,
Coinbase Inc v Suski et al ,
Crypto Exchanges ,
Cryptocurrency ,
Delegation Clauses ,
SCOTUS ,
Sweepstakes
A new decision may cut back on attempts by third-party litigation lenders to control settlements. Earlier this month, the U.S. District Court for the District of Minnesota refused to permit the substitution of a legal...more
3/7/2024
/ Antitrust Litigation ,
Arbitration ,
Corporate Counsel ,
Federal Arbitration Act ,
Investment ,
Litigation Funding ,
Popular ,
Settlement ,
Settlement Negotiations ,
Sysco ,
TRO
In October 2022, the Eleventh Circuit Court of Appeals granted a petition to rehear the case of Corporacion AIC, SA v. Hidroelectrica Santa Rita S.A. en banc to determine whether enforcement challenges of nondomestic...more
Since the U.S. Supreme Court (SCOTUS) issued its June 2022 critical decision in AlixParters, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, private parties have been foreclosed from petitioning federal courts...more
On July 8, the Second Circuit affirmed a refusal to enforce a $1.8 billion arbitration award (now worth approximately $2.7 billion with interest) annulled by a Nigerian court in Esso v. Nigerian National Petroleum Company. In...more
In its 12th case regarding arbitration in the last five years, the Roberts court fascination with the dispute resolution method continues. In the second of two decisions regarding arbitration this week, the Court...more
6/20/2022
/ Arbitration ,
Arbitration Agreements ,
Class Action ,
Employment Litigation ,
Federal Arbitration Act ,
Labor Law Violations ,
Preemption ,
Private Attorneys General Act (PAGA) ,
SCOTUS ,
State Labor Laws ,
Viking River Cruises ,
Viking River Cruises Inc v Moriana
On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more
Q: In a unanimous opinion, the U.S. Supreme Court held that employers who do not act promptly to invoke an arbitration clause may be held to waive arbitration. What does this mean for my company? ...more
President Biden is expected to soon sign into law an amendment to the Federal Arbitration Act (FAA) that would prohibit mandatory arbitration of sexual assault and sexual harassment claims regardless of whether the claims...more
Rarely do civil Racketeer Influenced and Corrupt Organization Act (RICO) claims get dismissed at the motion to dismiss stage, and seldom does it happen twice. Troutman Pepper recently represented a lobster business in Maine...more
The U.S. Supreme Court will resolve the circuit split concerning whether 28 U.S.C. § 1782(a) (Section 1782) applies to private, commercial international arbitrations after all. On December 10, the Court agreed to hear a pair...more
The Servotronics Inc. v. Rolls-Royce PLC et al. case accepted by the U.S. Supreme Court has been settled and withdrawn, with the matter now removed from the Court’s October 2021 argument calendar. As reported in our March 23...more
After its conference on March 19, the Supreme Court decided to hear the request of Servotronics, Inc. to determine whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a)...more
On December 7, the Supreme Court received a request to decide whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a) (Section 1782) to obtain discovery through U.S....more
This is an update to our article “Supreme Court May Decide if Litigants Can Conduct U.S. Discovery for Private International Arbitrations,” published on July 7, 2020. The next day, July 8, the Second Circuit upheld its 1999...more
While discovery, especially document discovery, is increasingly a feature in complex international commercial arbitrations, it is almost never as broad as discovery permitted by U.S. law and procedure. Indeed, when global...more
Troutman Sanders and Pepper Hamilton are producing a series of podcasts to discuss litigation topics that have been brought to the forefront by the COVID-19 pandemic and how businesses might be able to prepare and...more
In the midst of the COVID-19 pandemic, the flexibility of arbitration is on full display. Unlike courts, which must clear bureaucratic hurdles to implement changes while also adhering to requirements such as public access,...more
While our economy has slowed, it has not stopped. Businesses that continue, even if in a less robust fashion, will continue to make deals and contracts. This article provides guidance on how those new contracts can address...more
The coronavirus (COVID-19) pandemic continues to have a devastating impact on human health, life and economic activity around the world. The virus has caused severe disruptions to the global economy, including the banning of...more
3/17/2020
/ Best Practices ,
Business Interruption ,
Contract Disputes ,
Contract Drafting ,
Contract Negotiations ,
Contract Terms ,
Coronavirus/COVID-19 ,
Emergency Management Plans ,
Force Majeure Clause ,
Infectious Diseases ,
Performance Standards ,
Public Health ,
Risk Management ,
Suppliers ,
Supply Chain ,
Supply Contracts
On October 11, 2019, Pepper Hamilton will host an interactive seminar entitled “The Art of International Arbitration.” Matt Adler, partner and chair of Pepper’s International and Domestic Arbitration Practice Group, Maia...more
On April 24, the U.S. Supreme Court issued the latest in its line of recent decisions hostile to class action arbitration. In Lamps Plus, Inc. v. Varela, the Court stated that merely showing ambiguity in an arbitration clause...more
4/25/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Agreements ,
Class Arbitration ,
Consent ,
Federal Arbitration Act ,
Federal v State Law Application ,
Jurisdiction ,
Lamps Plus Inc v Varela ,
Motion to Compel ,
Preemption ,
Reversal ,
SCOTUS