Elizabeth Silbert, Charles B. Rosenberg, Vivasvat Dadwal and Tamsin Parzen | January 31, 2023 | International Commercial and Investor-State Arbitration
This article is a client alert published by King & Spalding on January 4, 2023. Summary On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as...
Catherine Amirfar, Mark W. Friedman, Ina C. Popova, Dietmar W. Prager and Justin R. Rassi | July 19, 2022 | International Commercial and Investor-State Arbitration
This article is a client alert published by Debevoise & Plimpton on June 23, 2022. Key takeaways: The U.S. Supreme Court has narrowed the availability of discovery under 28 U.S.C. § 1782, a statutory provision authorizing a U.S. district court to order the...
Charlotte Garden | June 17, 2022 | International Commercial and Investor-State Arbitration
This article was originally published on SCOTUSblog.com on May 24, 2022. In a series of decisions, the Supreme Court has insisted that the Federal Arbitration Act requires courts to put arbitration contracts on “equal footing” with other kinds of contracts. These...
Katharine Menéndez de la Cuesta and Brian A. Briz | April 15, 2022 | International Commercial and Investor-State Arbitration
This article is a client alert published by Holland & Knight on April 4, 2022. The Florida Supreme Court on March 31, 2022, found that the incorporation by reference of the American Arbitration Association (AAA) arbitration rules in Airbnb’s Terms of Service...
J. Alexander Lawrence, Craig I. Celniker, Timothy W. Blakely, Sarah Thomas, Daniel P. Levison and Geary Choe | December 30, 2021 | International Commercial and Investor-State Arbitration
This article is a client alert published by Morrison & Foerster LLP on December 16, 2021. On December 10, 2021, the United States Supreme Court granted certiorari in two cases—ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, and AlixPartners, LLP v. Fund for...
Madison Bessho | December 23, 2021 | International Commercial and Investor-State Arbitration
An article in The National Law Review assesses the varying actions taken by States pursuant of public health goals for Covid-19, and if, as a result of measures taken, a State has upheld its international law obligations to promote or protect foreign investment. While...
