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Arbitration, Mediation, ADR Viewpoints Blog

Articles: 1-10 of 96

Into the Fray: Seventh Circuit Holds That Foreign and International Commercial Arbitrations Do Not Receive U.S. Judicial Assistance In Discovery Under 28 U.S.C. §1782(a)

Global, USA - October 6 2020 The Seventh Circuit is the latest Court of Appeals to enter the fray concerning the scope of application of 28 U.S.C. §1782(a), finding additional…

Del. District Court (Third Circuit) Again Holds That 28 U.S.C. § 1782 Does Not Apply Vis-à-vis Foreign Commercial Arbitrations.

USA - September 23 2020 Congress long ago generously provided for American judicial assistance in obtaining discovery in the United States “for use in a proceeding in a…

Arbitrability, Delegation, Carve-outs and Estoppel: SCOTUS Says “Welcome Back, Henry Schein”

USA - August 31 2020 On June 15, 2020, the U.S. Supreme Court welcomed back a familiar case by granting certiorari in Henry Schein, Inc. v. Archer and White Sales, Inc…

Enforcement of International Arbitration Agreements: SCOTUS Rules That the New York Convention (and FAA ch. 2) Are Not Preemptively Exclusive

USA - August 7 2020 When all was said and done, the U.S. Supreme Court ruled unanimously on June 1, 2020 in effect that the New York Convention (i.e., the U.N. Convention…

“Two-Tier” Arbitration: Progress in Enforcement of International Arbitral Awards in India

India, USA - June 23 2020 Here is reason for hope for those who face with trepidation the prospect of enforcing an international arbitration award in India. On June 2, 2020…

Arbitration Subpoenas: Jurisdiction and Venue Basics for Enforcement Made Simpler

USA - May 28 2020 The statutory mechanism for judicial enforcement of an arbitration "subpoena" - in actuality, an arbitrator's summons to give evidence -- is simply by…

Is the “Clear and Unmistakable” Hurdle for Delegation of Arbitrability Issues to an Arbitrator Uniform or Variable?

USA - May 14 2020 The United States Supreme Court established that questions of arbitrability are presumptively for a court unless the parties clearly and…

Momentum Building for Applicability of 28 U.S.C. §1782(a) to Obtain Discovery for Use in Foreign or International Private Arbitrations

USA - April 13 2020 In 1948, the United States first promulgated a unique statutory mechanism by which, via its 1964 amendment, an interested person could receive…

Another Federal Court (in the Ninth Circuit) Holds That 28 U.S.C. § 1782 Applies With Respect To Foreign Private Arbitrations

USA - March 9 2020 A federal court in the Northern District of California has adopted the reasoning and conclusion of a recent Sixth Circuit decision in holding that 28…

U.S. Enforcement of International Arbitral Awards: Is Forum Non Conveniens a Viable Defense?

USA - February 28 2020 Are there circumstances in which forum non conveniens is a viable defense in the U.S. to a petition to confirm an arbitration award that is subject to…