This December issue of Crypto Link covers the significant developments surrounding FTX Trading Ltd. (FTX), including its bankruptcy filing and the charges against and arrest of its CEO, Samuel Bankman-Fried. In the midst of...more
This edition of CryptoLink follows the 2022 U.S. midterm elections, and lawmakers in Congress are now outlining ambitious agenda priorities for next Congress, putting digital assets near the top of the list. Following the FTX...more
12/15/2022
/ Blockchain ,
CFTC ,
Cryptocurrency ,
Digital Assets ,
Distributed Ledger Technology (DLT) ,
Enforcement Actions ,
Financial Regulatory Agencies ,
FinCEN ,
Office of Foreign Assets Control (OFAC) ,
Securities and Exchange Commission (SEC) ,
Unregistered Securities
In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Disputes ,
Commercial Arbitration ,
Discovery ,
Document Productions ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
Litigation Strategies ,
SCOTUS
• The 6th Circuit Court of Appeals recently approved the use of 28 U.S.C. 1782(a) to obtain discovery in connection with a commercial arbitration proceeding occurring outside the United States.
• The decision establishes a...more
10/8/2019
/ 28 U.S.C. § 1782 ,
Appeals ,
Arbitration ,
Discovery ,
Document Productions ,
Foreign Arbitration Clauses ,
Foreign Tribunals ,
International Arbitration ,
Scope of Discovery Requests ,
Split of Authority ,
Statutory Interpretation
Where London is the Seat those involved in international arbitration ought to know that challenges under Section 68 of the Arbitration Act 1996, (the “Act”) require highly exceptional conditions. We say this because Section...more
• The International Court of Arbitration (the “Court”) of the ICC has published a Note to Parties and Arbitral Tribunals on the conduct of the arbitration under the ICC Rules of Arbitration (the “Note” or the “2019 Note”)...more
2/22/2019
/ Arbitration ,
Arbitration Agreements ,
Arbitration Awards ,
Commercial Arbitration ,
Data Protection ,
Disclosure Requirements ,
Duty to Disclose ,
International Arbitration ,
International Chamber of Commerce (ICC) ,
Investor-State Arbitration ,
Transparency ,
Tribunals
• In Deasang Corp. v. NutraSweet Co., the Appellate Division overturned a ruling by a lower court vacating an arbitral award on the ground that the arbitral panel manifestly disregarded the law. The Appellate Division...more
2/4/2019
/ Ambiguous ,
Appeals ,
Arbitration ,
Arbitration Awards ,
Arbitrators ,
Breach of Contract ,
Corporate Counsel ,
Fraudulent Inducement ,
International Arbitration ,
Manifest Disregard ,
Motion to Vacate ,
Reinstatement ,
Rescission