Eleventh Circuit holds that parties to private international commercial arbitral tribunals may seek discovery assistance from district courts in aid of arbitration *

USA - August 13 2012
On June 25, 2012, the Eleventh Circuit Court of Appeals held in Consorcio Ecuatoriano de Telecomunicaciones S.A. v. JAS Forwarding (USA) that proceedings before private international arbitration panels fall within the scope of 28 U.S.C. 1782 (Section 1782).

Co-authors: Christina G. Hioureas, Marc R. Suskin.

---

US Supreme Court holds that liability under the Torture Victim Protection Act extends only to natural persons and does not extend to organizations *

USA - May 24 2012
On April 18, 2012, the US Supreme Court in Mohamad v. Palestinian Authority unanimously held that the term “individual” under the Torture Victim Protection Act of 1991 (TVPA) encompasses only natural persons and does not extend to organizations.

Co-authors: Richard P. Bress, Christina G. Hioureas.

---

Foreign investors threatened by Indian measures seek remedies through international investment arbitration *

India - May 17 2012
The Indian government recently began implementing taxation and telecom license cancelation measures that may affect a large number of foreign investors.

Co-authors: Rachel W. Thorn, Charles Claypoole, Christina G. Hioureas, Sebastian Seelmann-Eggebert.

---

International arbitration and the English courts: a robust approach to challenges based on foreign law *

United Kingdom - August 2 2010
London’s status as one of the world’s leading centres for international arbitration has been further enhanced by the landmark judgment of Mr. Justice Tomlinson in B v. A [2010] EWHC 1626 (Comm), in which Latham & Watkins represented Party A.

Co-authors: Rachel W. Thorn, Philip Clifford, Oliver Browne.

---

US Supreme Court rules in Stolt-Nielsen that arbitrators may not impose class arbitration without a contractual basis *

USA - June 7 2010
On April 27, 2010, in a 5-3 decision, the US Supreme Court ruled in Stolt-Nielsen S.A. v. AnimalFeeds International Corp. No. 08—1198 (2010) (the Opinion) that an arbitration tribunal that compelled class arbitration without concluding that the parties contractually agreed to permit it (either expressly or as construed under the applicable law) exceeded its powers under the Federal Arbitration Act (FAA).

Co-authors: Timothy Ho, Rachel W. Thorn, David J. McLean, Marc R. Suskin.

---