Is it possible that the Russian government wants to compensate the aviation leasing companies for aircraft and engines that the government expropriated?
Russia expropriated aircraft and engines of multiple U.S. leasing...more
10/4/2023
/ Aircraft ,
Aviation Industry ,
EU ,
Export Controls ,
Financial Services Industry ,
Foreign Sovereign Immunities Act of 1976 (FSIA) ,
Frozen Assets ,
Insurance Industry ,
Leases ,
Regulatory Agenda ,
Russia ,
Sanctions ,
Ukraine
Environmental marketing claims often present something of a Catch-22—companies that are doing actual good for the environment deserve to reap the benefits of their efforts, and consumers deserve to know, while at the same...more
On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more
8/10/2022
/ 28 U.S.C. § 1782 ,
AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States ,
Arbitration ,
Business Disputes ,
Business Litigation ,
Commercial Arbitration ,
Discovery ,
Federal Arbitration Act ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
SCOTUS ,
UNCITRAL ,
ZF Automotive US Inc v Luxshare Ltd
On December 10, 2021, the U.S. Supreme Court granted certiorari in two cases to determine whether district courts can compel discovery proceedings in private foreign arbitrations. The two consolidated cases are ZF Automotive...more
On August 12, 2021, the Ninth Circuit Court of Appeals decided whether Washington state law reverse-preempts the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”),...more
On June 16, 2021, the U.S. House of Representatives voted (215-214) to pass the ESG [Environmental, Social and Governance] Disclosure Simplification Act of 2021 (H. R. 1187) (the “Bill”). This legislation would build on the...more
On March 22, 2021, the U.S. Supreme Court granted certiorari in the case brought by Servotronics Inc., where it challenged the Seventh Circuit’s decision to reject discovery pursuant to 28 U.S.C. § 1782 for use in a private...more
Throughout the coronavirus pandemic, parties to an arbitration agreement and arbitrators have grappled with the issue of the right to a live, in-person arbitration hearing. Is there a due process concern that flows from...more
On June 1, 2020 the United States Supreme Court issued a unanimous decision in GE Energy Power Conversion Fr. SAS, Corp. v. Outokumpu Stainless USA, LLC, No. 18-1048, 2020 WL 2814297 (U.S. June 1, 2020), holding that the...more
6/11/2020
/ Arbitration Agreements ,
Contract Terms ,
Convention on the Recognition and Enforcement of Foreign Arbitral Awards ,
Enforcement of Foreign Judgments ,
Equitable Estoppel ,
Federal Arbitration Act ,
Foreign Arbitral Awards ,
GE Energy Power Conversion France SAS v. Outokumpu Stainless USA LLC ,
Motion to Compel ,
Non-Signatories ,
SCOTUS ,
State Law Claims ,
Subcontractors
As discussed in our previous blog, many foreign companies favor private international arbitration for dispute resolution purposes in order to avoid being haled into a U.S. court and to avoid U.S.-style discovery. That...more
Since our last update, a little over a month ago, many major arbitral institutions have updated their guidance regarding COVID-19 in light of the continuing impact of the pandemic on ongoing proceedings. Below we have...more
International arbitration often equals international travel for both counsel, witnesses, and arbitrators. But with the new reality of travel restrictions, “shelter in place” orders, remote work, and restrictions on...more
3/23/2020
/ Arbitral Authority ,
Australia ,
Hong Kong ,
Hong Kong International Arbitration Centre (HKIAC) ,
International Arbitration ,
International Travel ,
LCIA ,
Remote Working ,
Shelter-In-Place ,
Singapore ,
Travel Restrictions ,
UK
When asked why they choose to resolve their disputes through international arbitration, parties often identify confidentiality as an important factor. While the parties may think their arbitration is confidential, in many...more
Fearing the burdens of U.S. court litigation, many foreign companies doing business with American counter-parties insist on forum selection clauses that call for resolution of disputes outside of U.S. courts, either in...more
As discussed in a previous blog post, an interested party in a foreign or international proceeding may apply to a United States District Court for discovery from an individual or corporation who resides or is found in the...more
A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL...more
6/14/2018
/ Appeals ,
Arbitration ,
Arbitration Awards ,
Construction Industry ,
Court Appearances ,
Engineering ,
EPC Contractor ,
Foreign Investment ,
Foreign Suppliers ,
Hague Convention ,
International Treaties ,
Notice Requirements ,
Public Private Partnerships (P3s) ,
Service by Mail ,
Supply Chain ,
Supremacy Clause ,
Terms of Service
“We are in the soup” exclaimed, federal judge Thomas Griesa, referring to Argentina allegedly defaulting on its sovereign bonds. And so we are.
According to bondholders, on July 30 of 2014, Argentina defaulted on its...more
The typical suit alleges that consumers are misled because a product labeled as “all natural” in fact contains one or more ingredients that are not natural.
A plaintiff who purchased the product can file suit on behalf...more