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Appellate Courts › International Arbitration

A&O Shearman

Argentina v. Attestor Master Value: Supreme court denies certiorari

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The Supreme Court’s January 27, 2025 decision denying the Republic of Argentina’s petition for a writ of certiorari in Argentina v. Attestor Master Value leaves unresolved a split between the federal circuit courts over what...more

Morgan Lewis

Singapore Court of Appeal Rules on Nonparticipating Parties Raising Infra Petita Challenges to an Arbitral Award

Morgan Lewis on

A recent case in the Singapore Court of Appeal raised a significant legal question regarding whether a nonparticipating party to an arbitration can challenge an arbitral award on the grounds that the arbitrator had failed to...more

Baker Botts L.L.P.

No Consent on MFN: The Svea Court of Appeal Annuls the Award in Zaza Okuashvili v. Georgia

Baker Botts L.L.P. on

In an important decision regarding the scope of Most-Favored-Nation (“MFN”) clauses in investment treaties, the Svea Court of Appeal on 12 November 2024 annulled the Partial Award on Jurisdiction and Admissibility in Zaza...more

Awatif Mohammad Shoqi Advocates & Legal...

Method of Dispute Settlement in Commercial Trade in the UAE

Awatif Mohammad Shoqi Advocates & Legal... on

United Arab Emirates has made its mark as the go-to jurisdiction for commercial trade for countries all across the globe. While there is no doubt that UAE is the preferred destination for setting up new businesses, opening up...more

Shutts & Bowen LLP

US Discovery Related to Private International Commercial Arbitration: What Will the Supreme Court Say?

Shutts & Bowen LLP on

Seeking discovery in the United States in aid of a proceeding before a foreign or international tribunal is a useful and unique tool available under 28 U.S.C. § 1782. This statute provides that any “interested person” may...more

Morrison & Foerster LLP

International Arbitration Update: Supreme Court To Resolve Circuit Split Over Discovery In Aid Of Foreign-Seated Private...

Morrison & Foerster LLP on

On March 22, 2021, the United States Supreme Court granted certiorari in Servotronics Inc. v. Rolls-Royce PLC, No. 20-794, to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”)...more

King & Spalding

Tokyo Dispute Resolution & Crisis Management Newsletter – December 2020

King & Spalding on

Update on a Powerful Tool in the Pursuit of Evidence in International Arbitration - Court of Appeal Decisions on Title 28 of the US Code § 1782 - Introduction - In our January 2020 newsletter, we examined Title 28...more

Fox Rothschild LLP

The Seventh Circuit Joins The Second And Fifth Circuits In Holding That 28 USC § 1782(a) Does Not Apply To Private International...

Fox Rothschild LLP on

In our recent post, we have discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which...more

King & Spalding

Second Circuit Denies Discovery in Support of Private Arbitration

King & Spalding on

On July 8, 2020, the United States Court of Appeals for the Second Circuit unanimously ruled in Hanwei Guo v. Deutsche Bank Securities Inc., J.P. Morgan Securities LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated,...more

ArentFox Schiff

US Second Circuit Confirms That §1782 Discovery Is to Parties in Private International Commercial Arbitration

ArentFox Schiff on

On July 8, 2020, the US Court of Appeals for the Second Circuit rendered its decision in In Re Application and Petition of Hanwei Guo for an order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782...more

White and Williams LLP

Parties to Private Commercial Arbitrations Held Overseas May Not Be Able to Utilize US Courts to Obtain Discovery

White and Williams LLP on

The U.S. Court of Appeals for the Second Circuit recently reaffirmed a more than two-decades old decision holding that parties to a private, foreign arbitration proceeding cannot utilize federal courts to compel the...more

White & Case LLP

Which jurisdiction? Choosing where to litigate: A jurisdictional overview of the world’s court systems

White & Case LLP on

With ongoing advances in technology and communications, the number of contracting parties looking beyond their local jurisdiction when choosing a dispute resolution forum continues to grow It is easier than ever for...more

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