In McConnell v. Advantest Am., Inc., the 4th District Court of Appeal in California (the "Court") vacated an arbitral order compelling nonparties to appear at a discovery hearing for the sole purpose…
In 2023, the United States courts expanded the role of international arbitration under existing law and wrestled with the application of new arbitration law and fact patterns. This post reviews some…
Prior to the Supreme Court’s decision in ZF Automotive US, Inc. v. Luxshare, Ltd., 142 S. Ct. 2078 (June 13, 2022), certain Circuits permitted parties to private international commercial arbitrations…
On 22 June 2023, the Supreme Court of the United States issued an opinion in the combined cases of Yegiazaryan v. Smagin et al. and CMB Monaco v. Smagin et al., Case Nos. 22-381 & 22-383 (U.S.). The…
In an important decision upholding the finality of awards and party autonomy in international commercial arbitration, a divided three-member panel of the U.S. Court of Appeals for the Tenth Circuit…
On 10 January 2023, the Paris Court of Appeal (“Paris CoA”) set aside the 50+ million USD UNCITRAL award rendered in the dispute between Komstroy (before Energoalians LLC, and now Stileks Scientific…
2022 was a busy year for the United States Supreme Court’s arbitration docket. The Court spent significant time defining the role of federal courts in arbitration-related litigation: it curbed…
28 U.S.C. § 1782(a) allows U.S. federal district courts to order discovery against any person or entity “found” in the U.S. “for use” in a proceeding in a “foreign or international tribunal” upon…
The permissive language of Article V(1)(e) of the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) continues to tease parties challenging…
