On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or...more
In this episode, partners Chris Valente and Jackie Celender, along with associates Michael Creta and Peter Ayers, discuss the impact that state anti-arbitration insurance statutes have on the enforceability of international...more
5/26/2022
/ Arbitration ,
Arbitration Agreements ,
Foreign Arbitration Clauses ,
Foreign Entities ,
Insurance Industry ,
Insurance Litigation ,
International Arbitration ,
Mandatory Arbitration Clauses ,
McCarran-Ferguson Act ,
New York Convention ,
Preemption ,
Split of Authority ,
Supremacy Clause
The U.S. Supreme Court heard oral argument yesterday in two consolidated cases—ZF Auto. US v. Luxshare, Ltd. and AlixPartners v. The Fund for Prot. of Inv. Rights in Foreign States—on whether 28 U.S.C. § 1782 (Section 1782)...more
As the popularity and pace of international arbitration has continued to grow, parties engaged in such arbitration outside the United States have increasingly relied on 28 U.S.C. § 1782 (Section 1782) to obtain discovery in...more
WHAT YOU NEED TO KNOW IN A MINUTE OR LESS -
The New York Convention typically requires U.S. courts to enforce written arbitration agreements covering international disputes, including arbitration clauses in contracts with...more