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...
Pauline Toboulidis | April 26, 2021 | International Commercial and Investor-State Arbitration
In Enka Insaat Ve Sanayi A.S. v. OOO Insurance Company Chubb, the Supreme Court of the United Kingdom held that where parties have not made a choice of law to govern the arbitration agreement, either specifically in the arbitration clause or in the contract generally,...
Pauline Toboulidis | February 12, 2021 | International Commercial and Investor-State Arbitration
In 2019, The American Law Institute completed and approved Restatement of the Law, The U.S. Law of International Commercial and Investor-State Arbitration, a 19-year project in the making and the first of its kind. The Restatement identifies the role of the national...
Pamela Bookman | January 20, 2021 | International Commercial and Investor-State Arbitration
In recent years, governments from the state of Delaware to the Emirate of Dubai have created institutions specially designed to adjudicate transnational commercial disputes. These institutions are hybrids between courts and arbitration, or “arbitral courts.” Arbitral...
