In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Litigation ,
Commercial Arbitration ,
Discovery ,
Evidence ,
Foreign Jurisdictions ,
Foreign Tribunals ,
Forum ,
International Arbitration ,
International Litigation ,
Investor-State Arbitration ,
SCOTUS
The crippling economic sanctions the West imposed in response to Russia’s invasion of Ukraine have led to Russian retaliation. Russia’s symbolic sanctions of President Biden and Canadian Prime Minister Justin Trudeau may get...more
3/18/2022
/ Bilateral Investment Treaties ,
Economic Sanctions ,
Foreign Investment ,
Intellectual Property Protection ,
Investor State Dispute Settlement (ISDS) ,
Investor-State Arbitration ,
Military Conflict ,
Retaliation ,
Russia ,
Trade Retaliation ,
Trademarks ,
Ukraine
Access to U.S.-style discovery under 28 U.S.C. Section 1782 in aid of a private, foreign arbitration has long been one of the most contentious areas of dispute under the statute. Until 2004, the law was fairly settled:...more
The U.S. Congress overturned a veto by President Obama allowing families of the victims of September 11 to sue Saudi Arabia in U.S. courts. While the U.S. domestic politics will be debated elsewhere (like everything else this...more
In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed...more