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Court-assisted discovery available in international arbitration

Herbert Smith Freehills LLP
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USA
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August 8 2007

The US courts recently confirmed in In re Roz Trading Limited 469 F. Supp. 2d 1221 (N.D. Ga., 2006) that Section 1782 of the Federal Rules of Civil procedure is available to parties in international arbitration

Landmark Supreme Court decision awaited on parties' agreements to expand grounds for judicial review of awards

Herbert Smith Freehills LLP
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USA
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February 5 2008

A landmark decision is awaited in the US Supreme Court case of Hall Street v Mattel

Landmark Supreme Court decision prevents expansion of judicial review by agreement

Herbert Smith Freehills LLP
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USA
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May 9 2008

The US Supreme Court has delivered its long-awaited ruling in Hall Street Associates v Mattel, holding that parties are not at liberty under US law to agree to extend the scope of judicial review of arbitration awards beyond the grounds specified in the US Federal Arbitration Act

Allocation of costs joint order in Canfor v USA applies 'loser pays' rule in investment treaty arbitration

Herbert Smith Freehills LLP
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Canada, USA
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October 26 2007

As a result of the wide discretion given to tribunals under both the ICSID and the UNCITRAL rules, there are no precise principles governing the allocation of costs incurred during investment treaty arbitrations

Supreme Court limits ability to pursue class arbitration without specific agreement

Herbert Smith Freehills LLP
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USA
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June 7 2010

In a recent landmark class action case in the US, AnimalFeeds brought a class action antitrust suit against Stolt-Nielson

General counsel update

Herbert Smith Freehills LLP
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China, European Union, Germany, Hong Kong, Indonesia, Mongolia, Singapore, United Kingdom, USA
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July 11 2012

This is the thirtieth in our series of general counsel updates which aim to summarise major developments in key areas

Current approaches to issues of arbitrator bias

Herbert Smith Freehills LLP
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United Kingdom, USA
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August 8 2007

Three recent cases have clarified the law to be applied in this area, one in the UK and two in the US

Broad US discovery ordered in support of a foreign-seated arbitration: Eleventh Circuit holds that a private commercial arbitral tribunal is a “foreign tribunal” for the purposes of 1782 discovery

Herbert Smith Freehills LLP
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Ecuador, USA
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July 11 2012

In the recent case of In re Consorcio Ecuatoriano de Telecomunicaciones S.A., v. JAS Forwarding (USA), Inc., Case No. 11-12897, 2012 WL 2369166 (11th Cir. June 25, 2012), the Eleventh Circuit held that private commercial arbitral tribunals fall within the scope of 28 U.S.C. 1782 and ordered 1782 discovery in relation to a domestic private commercial arbitration in Ecuador

Cert petition in the BG v Argentina case: no support from the US Solicitor General

Herbert Smith Freehills LLP
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Argentina, USA
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May 17 2013

In the latest development in Argentina's challenge of the BG Group v Argentina arbitral award, the United States Solicitor General ("SG") has argued

Search results

Court-assisted discovery available in international arbitration

Landmark Supreme Court decision awaited on parties' agreements to expand grounds for judicial review of awards

Landmark Supreme Court decision prevents expansion of judicial review by agreement

Allocation of costs joint order in Canfor v USA applies 'loser pays' rule in investment treaty arbitration

Supreme Court limits ability to pursue class arbitration without specific agreement

General counsel update

Current approaches to issues of arbitrator bias

Broad US discovery ordered in support of a foreign-seated arbitration: Eleventh Circuit holds that a private commercial arbitral tribunal is a “foreign tribunal” for the purposes of 1782 discovery

Cert petition in the BG v Argentina case: no support from the US Solicitor General

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