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Cross-border disputes: English Court of Appeal rules that service on a State of an order permitting enforcement of an arbitration award can be dispensed with in "exceptional circumstances" such as civil unrest

United Kingdom - May 28 2020 States are afforded particular protections in English litigation. They not only have the benefit of various immunities (albeit subject to exceptions)…

Daniel Hart, Alain Farhad.

Coronavirus COVID-19: Construction, frustration, force majeure - What does contract law say?

United Kingdom - March 11 2020 Contract obligations must be performed, with the sanction of a potentially painful trip to the courts, arbitration or adjudication standing behind…

Geoffrey Y. M. Chan, Charles E. Harris, II, Alejandro López Ortiz.

Cross-border disputes: US Sixth Circuit Court of Appeals rules that 28 U.S.C. § 1782 may be used to obtain US discovery for non-US private arbitrations

USA - October 9 2019 Title 28, US Code, Section 1782 authorizes an interested person to petition a US federal district court where any person "resides or is found" for an…

B. Ted Howes, Charles E. Harris, II.

In a divergence from other US Federal Circuits, the US Sixth Circuit Court of Appeals rules that 28 U.S.C. § 1782 may permit US discovery for use in non-US private arbitrations

USA - October 3 2019 Title 28, US Code, Section 1782 authorizes an interested person to petition a US federal district court where any person “resides or is found” for an…

Charles E. Harris, II.

Cross-border disputes: English Court adjourns enforcement of arbitral award pending Nigerian “set aside” application but orders security

Nigeria, United Kingdom - September 30 2019 In AIC Limited v The Federal Airports Authority of Nigeria [2019] EWHC 2212, the English High Court adjourned an application made by AIC Limited…

Daniel Hart, Thomas Ajose.