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Results: 1-10 of 146

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
  • Ecuador, USA
  • 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
  • Argentina, USA
  • 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


Res judicata effect of a prior arbitration is to be determined by arbitrators, not the courts the Belco Rule can be hard to swallow
  • Herbert Smith Freehills LLP
  • USA
  • December 18 2013

In Citigroup, Inc. v Abu Dhabi Investment Authority 13 Civ. 6073 (PKC), the United States District Court for the Southern District of New York (SDNY


US district court confirms arbitral award against Pemex that was nullified at its seat
  • Herbert Smith Freehills LLP
  • USA
  • September 18 2013

The US District Court for the Southern District of New York has confirmed an arbitral award in favour of COMMISA, a subsidiary of KBR, against Pemex


Application to remove arbitrators for bias not on district court’s watch
  • Herbert Smith Freehills LLP
  • USA
  • August 13 2013

In a robust judgment, the US District Court of the Southern District of New York has rejected PK Time's application to remove two arbitrators for


A matter of class: the spectre of class action arbitration in consumer product disputes
  • Herbert Smith Freehills LLP
  • USA
  • December 13 2013

Class arbitrations have primarily been viewed as an instrument of the US legal system. However, given the international capability and procedural


New York state court green-lights mandatory mediation pilot programme
  • Herbert Smith Freehills LLP
  • USA
  • July 16 2014

As we previously reported (here), the New York Supreme Court Commercial Division (a Manhattan-based division of the state Court of First Instance


Dueling limitation periods: time-limit under the US Federal Arbitration Act trumped by state law on enforcement of foreign judgments
  • Herbert Smith Freehills LLP
  • USA
  • August 12 2014

The US Court of Appeals for the District of Columbia Circuit rules that state law governing the limitation period for enforcing a foreign judgment


Superstorm Sandy litigation ruling on hold pending parallel mediation
  • Herbert Smith Freehills LLP
  • USA
  • August 27 2014

By way of update to our previous report on 8 May 2013, on 12 August 2014 the New York federal court managing the consolidated Superstorm Sandy


Scope of US plaintiffs to pursue class actions remains unclear on many fronts
  • Herbert Smith Freehills LLP
  • USA
  • October 10 2016

While corporate defendants had hoped the Supreme Court's decisions last term would continue a recent trend in the Court's jurisprudence of making