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Results: 1-9 of 9

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

  • Latham & Watkins LLP
  • -
  • 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

The US Supreme Court holds that the FAA preempts states from conditioning the enforcement of arbitration agreements upon the availability of class arbitration

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • May 4 2011

In a decision issued on April 27, 2011, the United States Supreme Court held that the Federal Arbitration Act (FAA) preempts California’s rule prohibiting class action waivers in most consumer arbitration agreements

US federal district court orders claimant in ICSID investment arbitration to turn over any award proceeds to judgment creditors of its corporate "alter ego"

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • October 5 2010

On September 27, 2010, the Southern District of New York held that the claimant entity in a long-running World Bank arbitration against Turkey, Libananco Holdings Co. Limited (Libananco), is the corporate alter ego of the Turkish Uzan family

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

  • Latham & Watkins LLP
  • -
  • 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. 081198 (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

Arbitral tribunal permits Yukos to go forward in Energy Charter Treaty arbitrations against Russia

  • Latham & Watkins LLP
  • -
  • Russia, USA
  • -
  • January 20 2010

On November 30, 2009, an arbitral tribunal ruled that the former Yukos oil company, disbanded by the Russian government in 2007, may seek an estimated US$100 billion in damages against the Russian government

The potential impact of the US Arbitration Fairness Act of 2009

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • January 20 2010

Earlier this year, US lawmakers proposed legislation to protect employment, consumer, franchise and civil rights litigants from binding pre-dispute arbitration agreements and to vest courts, not arbitrators, with the sole jurisdiction to decide questions concerning the validity and enforceability of arbitration agreements in those contexts

Chevron files new BIT claim against Ecuador in long-running environmental dispute

  • Latham & Watkins LLP
  • -
  • Ecuador, Global, USA
  • -
  • January 20 2010

In late September 2009, Chevron filed an arbitration against Ecuador before the Permanent Court of Arbitration at the Hague alleging breaches of the US-Ecuador bilateral investment treaty (BIT

US Supreme Court to decide fate of class arbitration where arbitral clause is silent

  • Latham & Watkins LLP
  • -
  • USA
  • -
  • January 20 2010

The US Supreme Court will soon decide whether the Federal Arbitration Act (FAA) bars class arbitration where the arbitration agreement is silent in Stolt-Nielsen, et al. v. AnimalFeeds International Corp., 548 F.3d 85 (2d Cir. 2008), cert. granted 129 S. Ct. 2793 (U.S. 2009

Recent U.S. district court opinion adds more uncertainty to disclosure under 28 U.S.C. 1782.

  • Latham & Watkins LLP
  • -
  • Global, USA
  • -
  • January 20 2010

The US District Court for the Northern District of Illinois recently ruled that disclosure under 1782 was unavailable to aid a "private" ICC tribunal