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Christopher Smith (King & Spalding) for Young ICCA
An Eleventh Circuit U-Turn: How International Arbitration Practitioners Should Now Engage § 1782 Discovery in the United States
February 19, 2014

Co-authored by Christopher Smith and James Menz, Schellenberg Wittmer On 10 January 2014, the U.S. Court of Appeals for the Eleventh Circuit issued a highly anticipated decision in Consorcio…

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Harout Jack Samra (DLA Piper) for YIAG
Courts of International Arbitration: The Arbitrationization of Litigation?
February 05, 2014

As leading jurisdictions around the world continue to establish national courts dedicated to the oversight of international arbitration issues, one wonders whether this is an idea whose time has come…

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Luke Eric Peterson (Investment Arbitration Reporter)
United States brandishes threat of renewed state-to-state arbitration unless Guatemala ramps up labour rights improvements
October 28, 2013

The Office of the United States Trade Representative has issued another update on its long-running dispute with Guatemala over lax protection of worker rights in the latter country. Readers of this…

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Oliver J. Armas (Hogan Lovells LLP) for Institute for Transnational Arbitration (ITA)
When Will US Courts Grant Provisional Remedies When a Dispute is Governed by an Arbitration Agreement?
July 01, 2013

[Written with the assistance of Nina Tandon and Andrew Behrman of Hogan Lovells US LLP] A recent ruling from a U.S. federal district court has highlighted an emerging doctrine in United States courts…

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Matthew A. Lee (Quinn Emanuel Urquhart & Sullivan, LLP)
Class Arbitration In The United States Survives Another Battle, But Will It Survive The War?
June 21, 2013

and Lucas Bento, Quinn Emanuel Urquhart & Sullivan, LLP, New York The United States Supreme Court’s recent decision in Oxford Health Plans LLC v. Sutter, 569 U.S. __ (2013) (the “Decision”), is…

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David Gantz (University of Arizona James E. Rogers College of Law) for Institute for Transnational Arbitration (ITA)
Japan’s Entry into the TPP Negotiations Raises the Economic Stakes
May 20, 2013

“America’s important security alliances across the Pacific need an economic underpinning.”  Ambassador Robert Zoellick, May 1, 2013 To use one of the Obama Administration’s favorite terms, the entry…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
The Different Meanings of an Arbitrator's "Evident Partiality" Under U.S. Law
March 20, 2013

The U.S. Federal Arbitration Act (FAA) provides that a federal district court may vacate an arbitration award, among other reasons, “where there was evident partiality or corruption in the…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
Book Reviews - Top Three for Winter
February 04, 2013

Winter holidays invite fun reading, including good professional reading, that most of the rest of the year forbids. Not exactly beach reads, but the same idea. And, this year, readers from the…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
Implied Waiver Of the Right to Arbitrate
August 30, 2011

In February 2011, the United States Supreme Court granted certiorari in Stok & Associates, P.A., v. Citibank, N.A, (No. 10-514). The question presented was whether, under the Federal Arbitration…

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Gary B. Born (Wilmer Cutler Pickering Hale and Dorr LLP) for WilmerHale
The U.S. Supreme Court and Class Arbitration: A Tragedy of Errors
July 01, 2011

This post addresses the U.S. Supreme Court’s misadventures with class arbitration over the past decade. Those misadventures have resulted in striking confusion and waste of resources by litigants,…

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