News & Analysis as of

CIETAC Appeals

Walkers

Cayman Court of Appeal confirms jurisdiction to grant injunctions in support of foreign-seated arbitration

Walkers on

On 28 March 2024 the Cayman Islands Court of Appeal dismissed an appeal by Minsheng Vocational Education Company Limited against an injunction enjoining Minsheng from purporting to enforce certain share charges. This is...more

Foley & Lardner LLP

Issue of Applicability of 28 U.S.C. §1782 to Private International Commercial Arbitrations Is Ripe for Supreme Court’s Review...

Foley & Lardner LLP on

On July 8, 2020, the U.S. Court of Appeals for the Second Circuit held that 28 U.S.C. §1782, which affords discretion to U.S. courts to order discovery in the U.S. in connection with foreign proceedings, does not extend to...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

Mintz - Arbitration, Mediation, ADR...

28 U.S.C. §1782(a): Second Circuit Reinforces Appeals Court Split Concerning Applicability to Private Commercial Arbitrations

Just as the jurisprudential pendulum appeared to be swinging smoothly in one direction, the Second Circuit declined to get on board and instead pushed back to the future on July 8, 2020 in holding that federal courts may not...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

Bracewell LLP

Second Circuit Confirms U.S. Discovery Not Available in Private International Arbitrations

Bracewell LLP on

A ripening circuit split over the availability of U.S. discovery in foreign arbitration proceedings took another step toward a possible Supreme Court showdown with the July 8 decision by the United States Court of Appeals for...more

Latham & Watkins LLP

English Court of Appeal Re-Affirms Pro-Enforcement Stance Toward Foreign Arbitral Awards

Latham & Watkins LLP on

Decision encourages a deferential approach to enforcing foreign awards in England and confirms narrow interpretation of the public policy exception under the New York Convention. The English Court of Appeal has confirmed...more

7 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide