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US Supreme Court Opens New Path to Assist Foreign Award Creditors Seeking to Enforce Arbitral Awards

In its opinion of 22 June 2023 in Yegiazaryan v. Smagin, the US Supreme Court ruled that a foreign award creditor may bring claims under the Racketeer Influenced and Corrupt Organizations Act (RICO) related to the enforcement...more

Eastern District of New York Rules On Use of Section 1782 in Aid of ICSID Arbitration

The United States District Court for the Eastern District of New York provided further clarity to a lingering question in the aftermath of the U.S. Supreme Court’s recent decision in ZF Automotive: whether the ZF Automotive...more

Second Circuit Reaffirms That Section 1782 Discovery Is Not Available In Aid of Private International Arbitration, Deepening...

In July 2020, in In re Guo,1 the U.S. Court of Appeals for the Second Circuit reaffirmed that in the Second Circuit, a party may not use 28 U.S.C. § 1782 (Section 1782) to obtain documents or other discovery for use in a...more

Arbitration World - April 2020

FROM THE EDITORS - Welcome to the 37th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic...more

Daesang v. NutraSweet

New York Appeals Court Restores Partially Vacated ICC Arbitration Award and Reinforces Pro-Arbitration Policy and Limits of Judicial Review of Arbitration Awards for “Manifest Disregard of the Law” - On September 27,...more

New Jersey’s Gamble Pays Off as Supreme Court Rules Federal Prohibition on Sports Betting Unconstitutional

In a 6–3 decision that will have major implications for the multibillion-dollar sports betting industry, the U.S. Supreme Court invalidated a 1992 federal law barring states from legalizing sports gambling. The ruling...more

The Acts of the Apostilles: Authentication of Documents in International Business Transactions Under the Hague Apostille...

Introduction - In some cross-border transactions the procurement and authentication of “public documents” from international jurisdictions can be a time-consuming bottleneck. ...more

Judge Rejects Joint Defense Privilege Claim; Orders Would-be Merger Partners to Produce Sensitive Emails to DOJ

On October 14, 2016, a federal judge in Washington, D.C., ruled that two companies could not claim a joint defense privilege for certain sensitive emails they had exchanged in connection with their proposed merger. ...more

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