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Recent 5th Circuit Opinion Demonstrates Usefulness of 28 U.S.C. § 1782 in Foreign Enforcement Proceedings

In Banco Mercantil De Norte, S.A. et al. v. Juan Jose Paramo, the Fifth Circuit recently affirmed a Texas district court’s denial of a motion to quash a 28 U.S.C. § 1782 subpoena issued to Juan Jose Paramo, a Mexican national...more

5th Circuit Rules Intent to Arbitrate Trumps Defunct Forum

The Fifth Circuit ruled that Baker Hughes Saudi Arabia and Dynamic Industries, Inc., could be compelled to arbitration in a forum that no longer exists. In doing so, the court ruled that the parties’ “dominant purpose was to...more

Grounds for Vacating an Arbitration Award Remain Extremely Limited

The Eleventh Circuit Court of Appeals issued a decision last week upholding an arbitral award, despite the failure of the arbitrators to make certain pertinent disclosures. The case involves an international arbitration...more

United States Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

What did the Court decide? The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign”...more

Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign” or “international” tribunals...more

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