John Fellas | February 28, 2020 | International Commercial and Investor-State Arbitration
A Restatement of the Law is something of a misnomer. Restatements of Law are neither law nor state-sanctioned. They are the work of a private, independent organization—the American Law Institute. Moreover, Restatements of Law do not literally “restate” the current...
Ronald J. Mann | January 23, 2020 | International Commercial and Investor-State Arbitration
This article was originally published on SCOTUSblog.com on Jan. 22, 2020.As noted in my preview last week, GE Energy Power Conversion France SAS v. Outokumpu Stainless USA is the Supreme Court’s first arbitration case of the 2019 term. For observers familiar with the...
Charles E. Harris, II and Kwadwo Sarkodie | October 8, 2019 | International Commercial and Investor-State Arbitration
Title 28, US Code, Section 1782 authorizes an interested person to petition a US federal district court where any person “resides or is found” for an order directing such person to provide documents or testimony for use “in a proceeding in a foreign or international...
Ronald Mann | October 29, 2018 | International Commercial and Investor-State Arbitration
The November argument session begins with yet another case under the Federal Arbitration Act — Henry Schein Inc. v. Archer & White Sales Inc. With Henry Schein, New Prime Inc. v. Oliveira (from October) and Lamps Plus Inc. v. Varela (later on Monday morning), the...
George A. Bermann, Jack J. Coe Jr., Christopher R. Drahozal, Catherine A. Rogers and Pauline Toboulidis | May 16, 2018 | International Commercial and Investor-State Arbitration
This is the second post presenting Sections from the 2018 International Commercial and Investment Arbitration Annual Meeting draft that deals with the roles that courts might play during the pendency of international arbitral proceedings. The previous post presented...
