By Tamia Sutherland & Russ Bleemer Here is a deeper dive into today’s U.S. Supreme Court consolidated decision in ZF Automotive US Inc. v. Luxshare Ltd., No. 21-401, which was consolidated with and covers AlixPartners LLP v. Fund for Protection of Investor Rights in Foreign States, No. 21-518. Does the new decision, which restricts discovery under a … Continue reading More on Section 1782: Why the U.S. Supreme Court Says the Law Doesn’t Permit Discovery Requests from International Arbitrations
By Mark Kantor This morning, the U.S. Supreme Court granted certiorari and agreed to hear the petition in Morgan v. Sundance, Inc., No. 21-328, in which the Question Presented is: Does the arbitration-specific requirement that the proponent of a contractual waiver defense prove prejudice violate this Court’s instruction [in AT&T Mobility LLC v. Concepcion, 563 U.S. 333, 339 (2011)] … Continue reading U.S. Supreme Court Adds an Arbitration Issue: Is Proof of Prejudice Needed to Defeat a Motion to Compel?
By Mylene Chan Four recent petitions for writs of certiorari pending before the U.S. Supreme Court raise a number of interesting arbitration issues. While the Court may decline to hear these cases, they are worth following because they could help to define the scope of arbitration in both consumer and commercial contexts. The cases are … Continue reading Roundup: Four New Arbitration Petitions Under Consideration at the U.S. Supreme Court
The International Institute for Conflict Prevention and Resolution has filed an amicus brief requesting that the U.S. Supreme Court grant certiorari to resolve a federal circuit court split on whether 28 U.S.C. § 1782 allows federal district courts to order discovery for private commercial arbitration abroad. CPR did not take a position on the merits … Continue reading CPR Files Amicus Brief Asking U.S. Supreme Court to Tackle Foreign Discovery for Arbitration
By Russ Bleemer Under federal circuit court case law, 28 U.S.C. §1782(a) did not include private international arbitration tribunals under its provisions for ““Assistance to foreign and international tribunals and to litigants before such tribunals.” In other words, “foreign and international tribunals” didn’t include arbitrations. Suddenly, last fall, that court view began to change, and … Continue reading Will the U.S. Supreme Court Allow Discovery in Private International Arbitrations?
By Mark Kantor On February 26, the US Supreme Court granted certiorari to hear New Prime Inc. v. Oliveira, Case No. 17-340, a 1st US Circuit Court of Appeals decision in which the appeals court ruled on two questions: (1) Whether, under a contractual arrangement where the parties have delegated arbitrability questions to the arbitration, … Continue reading U.S. Supreme Court Grants Cert to Decide “Who Decides” “Independent Contractor” Employment Arbitration Case
U.S. Supreme Court’s 2015-2016 Term Has an Early Arbitration Focus By Russ Bleemer The U.S. Supreme Court began its new term with an early arbitration argument—the fourth case argued on the term’s second day, Oct. 6. The argument followed a week after the nation’s top court agreed to hear a second arbitration case sometime this term. … Continue reading U.S. Supreme Court’s 2015-2016 Term Has Early Arbitration Focus
By Tamia Sutherland & Russ Bleemer The U.S. Supreme Court this morning restricted the use of 28 U.S.C. § 1782 for discovery in international proceedings to “[o]nly a governmental or intergovernmental adjudicative” body, but not cross-border arbitration matters. The unanimous 9-0 decision in consolidated cases by Justice Amy Coney Barrett—her first arbitration opinion as a member … Continue reading Supreme Court Bars Discovery Assistance for Private Overseas Arbitration Panels Under U.S. Law
By Amy Foust The Supreme Court today denied certiorari in GE Capital Retail Bank v. Belton, No. 20-481, an arbitration case in a bankruptcy matter. The question presented by petitioner GE Capital, and rejected in this morning’s order list by the Court, was “whether provisions of the Bankruptcy Code providing for a statutorily enforceable discharge … Continue reading Supreme Court Denies Review on the Interplay Between the U.S. Bankruptcy Code and the Federal Arbitration Act
By Shourya Arora In August, the Delhi High Court granted relief to the Indian government by setting aside a $562.2 million International Chamber of Commerce arbitral award made in favor of Devas Multimedia due to Devas’s sudden termination of its contract with Antrix Corp., a commercial arm of the Indian Space Research Organization, India’s state-owned … Continue reading India Court Strikes Arbitration Award, Raising Questions about the Use of BITs