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Questions Remain as Supreme Court Restricts § 1782 Discovery in Private International Arbitrations

In Short - The Situation: Section 1782 of Title 28 of the U.S. Code authorizes U.S. district courts to order discovery "for use in a proceeding in a foreign or international tribunal." Over the last several years, U.S....more

English Supreme Court Confirms Broad Application of Business Interruption Policies to COVID-19 Losses

The latest ruling by the UK's Supreme Court is a victory for policyholders. Following the High Court's September 2020 Judgment in the COVID-19 Business Interruption Test Case ("Test Case") brought by the UK Financial Conduct...more

ICC Adopts 2021 Rules of Arbitration

The 2021 ICC Rules, which will enter into force on January 1, 2021, include a new requirement for disclosure of third-party funding arrangements. On October 8, 2020, the International Chamber of Commerce ("ICC") announced...more

English High Court Rules for Policyholders in FCA's COVID-19 Test Case Alert

In a significant victory for policyholders, on 15 September 2020, the English High Court delivered judgment in the UK Financial Conduct Authority's ("FCA") COVID-19 Business Interruption Test Case. In a significant victory...more

French Court Orders Insurer to Indemnify Restauranteur's COVID-19-Related Business Interruption Losses

While U.S. policyholders are primarily still in the early stages of the claim process and likely coverage litigation regarding COVID-19-related business interruption claims, a French court has struck an early blow against an...more

Construction Contracts: When Is Industry Best Practice Not Good Enough?

The Situation: A recent ruling in MT Højgaard A/S v E.ON Climate & Renewables UK Robin Rigg East Limited by the UK Supreme Court gives guidance on construction contracts where the contractor undertakes both to deliver a...more

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