News & Analysis as of

Discovery Arbitration Federal Arbitration Act

Miles Mediation & Arbitration

[Event] 2024 Arbitration Training Institute - June 6th - 7th, Atlanta, GA

Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive...more

McGlinchey Stafford

Ohio Appeals Court Finds Error in Not Staying Discovery Pending Motion to Compel Arbitration

McGlinchey Stafford on

In Biotricity, Inc. v. DeJohn, 8th Dist. Cuyahoga No. 113216, 2024-Ohio-1593, the Ohio Eighth Appellate District found that the trial court erred by refusing to stay discovery pending a ruling on a motion to compel...more

Farrell Fritz, P.C.

Litigants Beware: New York Courts Admonish Entanglement in Arbitration Proceedings

Farrell Fritz, P.C. on

Arbitration can be an effective alternative for parties seeking to avoid drawn-out and costly litigation. As a result, it has become common practice for parties to negotiate arbitration clauses into their agreements....more

Miller Canfield

A Lil’ Too Late - U.S. Court of Appeals for the Sixth Circuit Refuses to Compel Arbitration After Company Litigates Case for 7...

Miller Canfield on

When has a party waived its contractual right to arbitrate? Until recently, most federal Courts of Appeal—including the Sixth Circuit— held that a party who participates in litigation (e.g., by serving and responding to...more

Skadden, Arps, Slate, Meagher & Flom LLP

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

Baker Donelson

When Appealing Denial of Motion to Compel Arbitration, Supreme Court Removes Possibility That Parties May Have to Engage in...

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Parties generally have no right to appeal a trial court's decision on pretrial motions until the court issues a final judgment — yet Congress granted that right for decisions that deny a motion to compel arbitration under the...more

Carlton Fields

Third Circuit Affirms Finding That Defendant Waived Its Arbitration Rights

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In White v. Samsung Electronics America Inc., the Third Circuit Court of Appeals, in a precedential opinion, affirmed a district court order denying defendant Samsung’s motion to compel arbitration, concluding that,...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

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

Robinson & Cole LLP

Supreme Court Limits Section 1782 Discovery in International Arbitrations

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This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and...more

Fox Rothschild LLP

The Supreme Court Slams the Door on the Use of Federal Courts to Obtain Discovery in Aid of Foreign and International Arbitrations...

Fox Rothschild LLP on

The United States Supreme Court this week resolved an important issue regarding international arbitrations by ruling that, contrary to what at least two appellate courts had previously ruled, a U.S. statute that authorizes...more

Miller Canfield

United States Supreme Court Restricts Availability of U.S. Discovery in Support of International Arbitration

Miller Canfield on

Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more

Cranfill Sumner LLP

Round 2! U.S. Supreme Court Has Heard the Arguments on Section 1782 – Discovering the Issues With Discovery in International...

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The Supreme Court is (once again) slated to decide the issue of whether a private commercial arbitral panel constitutes a “foreign or international tribunal” under 28 U.S.C. § 1782, in the matter of ZF Automotive US, Inc.,...more

Foley Hoag LLP

Supreme Court Set to Decide Whether Section 1782 Discovery Can Be Compelled in Foreign-Seated Arbitrations

Foley Hoag LLP on

Under 28 U.S.C. § 1782, a District Court may compel a resident individual or company to provide discovery for use “in a proceeding in a foreign or international tribunal.” There is presently a circuit court split over what...more

Akin Gump Strauss Hauer & Feld LLP

Conflicting Decisions Under 28 U.S.C. § 1782: How Should International Commercial Arbitration Deal With the Shifting Landscape?

On December 7, 2020, parties and practitioners in international commercial arbitration came one step closer to resolving the threshold question of the applicability of 28 U.S.C. § 1782 to international commercial tribunals....more

Troutman Pepper

Supreme Court Asked to Decide Circuit Split on Allowing US Discovery in Private, International Arbitrations

Troutman Pepper on

On December 7, the Supreme Court received a request to decide whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a) (Section 1782) to obtain discovery through U.S....more

King & Spalding

Seventh Circuit Denies Discovery in Support of Private Arbitration

King & Spalding on

On September 22, 2020, the United States Court of Appeals for the Seventh Circuit unanimously ruled in Servotronics, Inc. v. Rolls-Royce PLC, et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020), that 28 U.S.C. §...more

Carlton Fields

Seventh Circuit Adds to Circuit Split, Holds Section 1782 Does Not Authorize Federal Courts to Compel Discovery for Use in Private...

Carlton Fields on

On a question of first impression in the Seventh Circuit regarding whether U.S. law allows federal courts to compel discovery for use in a private foreign arbitration, the Seventh Circuit joins the Second and Fifth Circuits...more

Mintz - Arbitration, Mediation, ADR...

Into the Fray: Seventh Circuit Holds That Foreign and International Commercial Arbitrations Do Not Receive U.S. Judicial...

The Seventh Circuit is the latest Court of Appeals to enter the fray concerning the scope of application of 28 U.S.C. §1782(a), finding additional reasons to hold that a foreign or international commercial arbitration is not...more

King & Spalding

Fourth Circuit Allows Discovery in Support of Private Arbitration

King & Spalding on

On March 30, 2020, the United States Court of Appeals for the Fourth Circuit ruled in Servotronics Inc. v. Boeing Co., 954 F.3d 209 (4th Cir. 2020) that U.S. federal courts may order parties to produce documents and testimony...more

Burr & Forman

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

Burr & Forman on

Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties.  And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...more

Carlton Fields

Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA

Carlton Fields on

You find yourself in an arbitration needing documents and testimony from a nonparty. Your arbitrator issues a nonparty summons, “conveniently” requiring the out-of-state nonparty to appear by video at a hearing and produce...more

Carlton Fields

District of Idaho Rejects Challenges to Arbitration Award

Carlton Fields on

The defendant sought to vacate an arbitration award on the basis of arbitrator misconduct and manifest disregard of the law or, in the alternative, modification of the award....more

Mintz - Arbitration, Mediation, ADR...

Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid of Foreign Commercial Arbitration (28 U.S.C. §...

The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords...more

Burr & Forman

Eleventh Circuit’s Reading of FAA Bars Pre-Hearing Discovery

Burr & Forman on

If an arbitration is governed solely by the FAA, an arbitrator may not require non-parties to take part in any pre-hearing discovery outside the presence of the arbitrator. In the recent Eleventh Circuit Court of Appeals...more

Eversheds Sutherland (US) LLP

Sixth Circuit allows discovery in international private arbitration

In an opinion last Thursday, the Sixth Circuit held that a federal district court may order discovery for use in a foreign private arbitration. 28 U.S.C. § 1782(a) authorizes discovery “for use in a proceeding in a foreign or...more

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