News & Analysis as of

Discovery Arbitration Evidence

Association of Certified E-Discovery...

Embracing eDiscovery: Essential Knowledge for Arbitrators, Mediators, and Court-Appointed Neutrals

In recent years, the landscape of dispute resolution has undergone a significant transformation, with a notable rise in arbitration and mediation as preferred methods for resolving conflicts. According to Morris, Manning &...more

Carlton Fields

Second Circuit Affirms Schwab Victory in FINRA Arbitration

Carlton Fields on

The Second Circuit Court of Appeals recently affirmed a decision confirming an arbitration award in favor of Charles Schwab & Co. over allegations of discovery abuses that purportedly rendered the arbitration proceeding...more

TransPerfect Legal

Why Use Technology in Arbitration for Document Production & Expert Review

TransPerfect Legal on

Document production is becoming more common in arbitration today. Reliance on experts and other evidence to build and support a case has been and continues to be inevitable. Time and time again we see spiralling costs because...more

Troutman Pepper

SCOTUS Resolves Section 1782 Controversy: Courts Cannot Order Discovery in Most International Arbitrations

Troutman Pepper on

On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more

BakerHostetler

Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

BakerHostetler on

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

Schwabe, Williamson & Wyatt PC

Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare,...

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private...more

JAMS

Top Tips for Attorneys Representing Clients in Arbitrations

JAMS on

Planning and preparation are key components for any successful arbitration. Over the years, as a former litigator and current arbitrator, I have gleaned a number of lessons and tips that I believe will help any attorney who...more

Proskauer - Minding Your Business

Discovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery

The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782.  The Court granted...more

Nextpoint, Inc.

The Essential Guide to Preparing Your Case for Trial, Hearing, or Arbitration

Nextpoint, Inc. on

In popular culture, a trial often hinges on a single moment – an accidental admission of guilt or sudden epiphany from a budding lawyer. But when a matter heads to a final arbiter in the real world, a legal team will have...more

Bradley Arant Boult Cummings LLP

A New Day for Arbitration in Mississippi?

The Mississippi Supreme Court’s decision in Carrick v. Turner ex rel. Walley has the potential to expand arbitration in Mississippi. The case announces a standard for evaluating the validity of arbitration clauses that is...more

JAMS

No Reason to Fear Discovery in International Arbitration Seated in the United States

JAMS on

The potential for prolonged, overly burdensome and expensive discovery in both domestic and international arbitration seated in the United States has been a major concern among commercial entities and their counsel for many...more

Carlton Fields

Court Vacates Arbitration Award on Grounds of Evident Partiality

Carlton Fields on

City Beverages LLC, doing business as Olympic Eagle Distributing, and Monster Energy Co. entered into an agreement under which Monster had exclusive distribution rights for its products in a certain territory for 20 years....more

BakerHostetler

Sixth Circuit Allows Discovery in Private International Commercial Arbitrations

BakerHostetler on

28 U.S.C. § 1782 is a powerful tool that permits foreign litigants to obtain broad U.S. discovery in aid of their foreign court litigation. Bank records and key documents can be obtained and witnesses can be deposed – all...more

King & Spalding

Sixth Circuit Allows Discovery In Support of DIFC Arbitration

King & Spalding on

The United States Court of Appeals for the Sixth Circuit (“Sixth Circuit”) has ruled that federal courts in the United States may order parties to produce documents and testimony in support of private commercial arbitrations...more

Bennett Jones LLP

Confidential Arbitrations Are Not Always Confidential

Bennett Jones LLP on

In its recent decision, Flock Estate v Flock, 2019 ABCA 194, the Alberta Court of Appeal considered the extent to which evidence and submissions proffered in an arbitration might be admissible in a related court proceeding....more

Payne & Fears

Nonparty Discovery in California Arbitration: How to Get What You Want

Payne & Fears on

Opting for arbitration requires attorneys to balance efficiency and procedural protections. The implications of arbitration are something clients certainly have to carefully consider both when drafting arbitration provisions,...more

Akin Gump Strauss Hauer & Feld LLP

Launch of the “Prague Rules”: an Attempt to Improve Efficiency in International Arbitration

In December 2018 the “Prague Rules” were released, providing users of international arbitration with suggested streamlined procedures aimed at increasing speed and reducing cost. It is intended that this will be achieved...more

Hogan Lovells

The long reach of US discovery: Commercial Court allows enforcement of 28 USC §1782 discovery order

Hogan Lovells on

In recent years, US federal procedural law has emerged as a powerful weapon in cross-border disputes. In particular, section 1782 of Title 28 of the United States Code (28 USC §1782) allows district courts in the US to order...more

Mintz - Arbitration, Mediation, ADR...

Must Your Dispute Be Arbitrated? You May Be Entitled to Discovery to Find Out.

In a proceeding under the Federal Arbitration Act (“FAA”) to determine if a dispute must be arbitrated, a federal district court performs a more limited function than in a plenary civil action. On an application to stay an...more

Holland & Hart LLP

Tips for Effective Advocacy in Arbitration

Holland & Hart LLP on

Parties to arbitration proceedings frequently comment that they appreciate the arbitration process because it is a faster, more efficient, and less costly way to resolve their business disputes. Unlike litigation, arbitration...more

Troutman Pepper

Combatting Arbitration Inefficiency

Troutman Pepper on

“Arbitration has been proven to be an effective way to resolve disputes fairly, privately, promptly and economically.” So provides the preamble to the Construction Industry Rules of the American Arbitration Association. ...more

Farrell Fritz, P.C.

Golf, the Commercial Division, and Expert Disclosure: No Sandbaggers Allowed!

Farrell Fritz, P.C. on

Several weeks ago, we reviewed some of the newer Commercial Division Rules and reported on a couple recent decisions from Justice Shirley Werner Korneich of the Manhattan Commercial Division applying one of those Rules, Rule...more

Carlton Fields

Court Confirms Interim Arbitration Award Requiring Posting Of Pre-Hearing Security

Carlton Fields on

Respondent moved for an immediate stay of an arbitration of claims relating to the purchase of insurance and to vacate the panel’s interim award requiring the posting of pre-hearing security.  Petitioner moved to confirm the...more

Proskauer - Minding Your Business

In Top “Form” – The NY Commercial Division’s Continuous Efforts to Increase Efficiency and Reduce Litigation Costs

As outlined in previous posts, the New York Commercial Division seeks to be a forward-thinking forum that adopts rule changes aimed at increasing efficiency and decreasing litigant costs. In August, a revised Model...more

Troutman Pepper

Non-Party Document Discovery in Arbitration: Does It Exist?

Troutman Pepper on

Limited discovery (and the associated cost savings) is often touted as one of the benefits of arbitration over traditional litigation. Parties are generally confident that even the scaled-back discovery devices available in...more

27 Results
 / 
View per page
Page: of 2

"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