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International Litigation Business Litigation

Mayer Brown

Abu Dhabi International Arbitration Centre’s (arbitrateAD) new Arbitration Rules: 12 Key Features

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We recently reported on the newly launched Abu Dhabi International Arbitration Centre branded as "arbitrateAD" (the "Centre"), which replaced the Abu Dhabi Commercial Conciliation and Arbitration Center ("ADCCAC") on 1...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

The Volkov Law Group

The Supreme Court Restricts Access to Discovery in Foreign Arbitration Proceedings

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Anyone involved in civil litigation in the United States knows that U.S. courts permit broad discovery, in contrast to many foreign tribunals with narrower discovery rules. What foreign litigants may not know is that, under...more

Walkers

Privy Council considers the enforcement of foreign arbitral awards in the Cayman Islands

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On 19 May 2022, the Privy Council's judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022]...more

Eversheds Sutherland (US) LLP

Powerful US discovery tool still allowed for international litigation but not commercial arbitration

On June 13, 2022, the US Supreme Court decided ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, holding that Section 1782 requires a “foreign or international tribunal” be a tribunal imbued with governmental authority....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

Cranfill Sumner LLP

HOT OFF THE PRESS! The Supreme Court’s Decision on §1782 is in and it’s a shocker!

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On June 13, 2022, the Supreme Court rendered its decision on whether 28 U.S.C. §1782 (“§1782”) extends to foreign private arbitrations. In a consolidated action, the Court addressed two cases and unanimously held that only...more

WilmerHale

The U.S. Supreme Court Rules That U.S. Discovery Under 28 U.S.C. 1782 Is Unavailable For Use in Most International Arbitrations

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On 13 June 2022, in ZF Automotive v. Luxshare, the U.S. Supreme Court held unanimously that 28 U.S.C. § 1782 does not allow discovery for use in most international arbitral proceedings. The Supreme Court held that only...more

Jenner & Block

US Supreme Court Holds That US Courts Cannot Assist Discovery in Private Foreign or International Arbitrations

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Litigants in foreign arbitrations have long looked to 28 U.S.C. § 1782 as a potential avenue for obtaining something close to US-style discovery. But, the US Supreme Court unanimously held this week that this federal statute...more

BakerHostetler

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

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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

Jones Day

Supreme Court Restricts 28 U.S.C. § 1782 Discovery in Aid of Arbitration

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The U.S. Supreme Court has held that 28 U.S.C. § 1782 authorizes discovery to assist only governmental or intergovernmental adjudicative bodies, and not private adjudicative bodies like the international commercial and ad hoc...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

Jones Day

Italy to Revamp Civil Justice System

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Alternative Dispute Resolution Mechanism - The Enabling Act provides for the reorganization (via a consolidated act) and the promotion of out-of-court means to resolve disputes, i.e., mediation and the so-called...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

Hogan Lovells

Is Arbitration Finance right for you?

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Would arbitration finance help us? Opening up opportunities / managing risks. Arbitration finance can enable you to bring good claims while reducing or eliminating the costs on your balance sheet, preserving your legal...more

Dechert LLP

Conditional Fee Arrangements Likely Soon to be Allowed in Singapore and Hong Kong

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Presently, Singapore and Hong Kong law prohibits lawyers from entering into outcome-related fee arrangements with their clients because of the common law rule against maintenance and champerty. The traditional rationale for...more

Jones Day

Victorian Supreme Court Denies First Ever Contingency Fee Applications in Class Actions

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The Facts  The plaintiffs in two separate class actions (Fox v Westpac Banking Corporation & Anor (Fox) and Crawford v Australia and New Zealand Banking Group Ltd & Ors (Crawford)) sought GCOs from the court pursuant to the...more

Carlton Fields

Second Circuit Affirms Ruling That Chinese Arbitration Organization Is Not a “Foreign or International Tribunal” Under Section...

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In February 2019, the U.S. District Court for the Southern District of New York denied petitioner Hanwei Guo’s discovery application after determining that the China International Economic and Trade Arbitration Commission...more

Dechert LLP

COVID-19 and Duties of Good Faith Under English law

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As part of its response to the COVID-19 pandemic, the UK government on 7 May 2020 issued guidance “strongly encouraging” contractual parties to “act responsibly and fairly in the national interest in performing and enforcing...more

Morgan Lewis

New Russian Law Allows Sanctioned Parties to Move Contract Disputes to Russian Court

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By President Putin’s signature on 8 June 2020, Russia has enacted a jarring new Law by which, as written, in a significant range of circumstances Russian individuals and companies (and foreign companies) that have been...more

Hogan Lovells

Covid-19 IP Update: Impact on UK litigation

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Netherlands - Proceedings on the merits in the Netherlands are continuing as normal as possible. This means that new cases can be filed and the exchange of written submissions continues as usual....more

Troutman Pepper

A New Way to Enforce International Mediated Settlement Agreements

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On January 6, Singapore took the next step in effectuating an international enforcement regime for mediated settlement agreements by introducing legislation to become the first nation to ratify the Singapore Convention....more

Hogan Lovells

Foreign Arbitral Institutions Allowed to Administer Foreign-Related Arbitrations in Shanghai Lin-Gang Pilot Free Trade Zone in...

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The Shanghai Municipal Bureau of Justice recently released the Administrative Measures for Business Offices Established by Overseas Arbitration Institutions in Lin-Gang Special Area of China (Shanghai) Pilot Free Trade Zone...more

Skadden, Arps, Slate, Meagher & Flom LLP

The Supreme Court’s Business Docket for the October 2018 Term

On September 26, 2018, Skadden hosted a webinar titled “US Supreme Court October 2018 Term.” Topics included some of the key business-related cases on the Supreme Court’s docket, including cases addressing antitrust, foreign...more

Troutman Pepper

Finding Foreign Service Difficult? Look for the Defendant on Facebook

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Your company has entered into a contract with a smaller, foreign company to do business. While your relationship starts off strong, it quickly sours when you discover that the smaller company’s quality standards do not meet...more

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