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International Arbitration Arbitration Corporate Counsel

Morgan Lewis

UK Arbitration Act 2025 to Enter Into Force on 1 August

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The substantive reforms contained within the Arbitration Act 2025, which received Royal Assent on 24 February, will come into full force on 1 August 2025. The reforms will apply to all English-seated arbitrations commenced on...more

Jenner & Block

US Supreme Court Rejects Heightened Standard for International Arbitration Award

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On June 5, 2025, the US Supreme Court held, in a unanimous decision, that civil litigants in US courts seeking to enforce an arbitration award against foreign nations or instrumentalities do not need to meet a higher standard...more

Foley & Lardner LLP

Mexico’s Judicial Reform: Why Arbitration is Now Essential for Protecting Your Business

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On June 1, 2025, Mexico implemented a sweeping Judicial Reform that changes the very foundation of how justice is administered in the country. Judges, magistrates, and justices are now chosen through popular elections—a major...more

Hogan Lovells

Recent New York decision highlights that courts can recognize a foreign judgment even without personal jurisdiction

Hogan Lovells on

In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...more

Sheppard Mullin Richter & Hampton LLP

Highlights of the Draft Amendment to the Arbitration Law of China

Since its implementation in 1995, the Arbitration Law of China (the “Current Arbitration Law”) has not undergone significant revisions, despite the substantial development in international arbitration practices. However, in...more

Alston & Bird

Recourse Under International Law for Companies Impacted by the Red Sea Attacks and Other Recent Events in Yemen

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Our International Arbitration Team breaks down the legal implications of the Houthi attacks on commercial shipping through the Red Sea near Yemen....more

Snell & Wilmer

U.S. Supreme Court Closes the Door on Foreign Arbitration Discovery in the U.S.

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On June 13, the U.S. Supreme Court resolved a split among U.S. Circuit Courts of Appeal by holding that only an adjudicative body imbued with governmental authority is deemed a foreign or international tribunal under 28...more

Miller Canfield

United States Supreme Court Restricts Availability of U.S. Discovery in Support of International Arbitration

Miller Canfield on

Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more

Schwabe, Williamson & Wyatt PC

Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare,...

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private...more

BCLP

International Law Recourse for Potential Expropriation of Foreign Assets by Russia

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With the continuing exit and suspension of operation of foreign entities in Russia, Russian State authorities are exploring retaliatory measures, including a regime for the nationalisation and forced sale of foreign assets. ...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court Set To Resolve Circuit Split Concerning Foreign Arbitration Discovery Rules

On December 10, 2021, the U.S. Supreme Court granted certiorari in two cases to determine whether district courts can compel discovery proceedings in private foreign arbitrations. The two consolidated cases are ZF Automotive...more

Cranfill Sumner LLP

2021 Trends in International Arbitration

Cranfill Sumner LLP on

In review of the 2020 statistics from various arbitral institutions, the clear message is that international businesses have had a taste of virtual arbitrations and they like it. Record-breaking caseloads (and amounts in...more

Akin Gump Strauss Hauer & Feld LLP

U.K. Supreme Court Confirms That Arbitrators Are Under a Legal Duty to Disclose Matters Which Would or Might Create an Appearance...

In a landmark decision handed down on November 27, 2020, the U.K. Supreme Court has confirmed that the English law of arbitration imposes a duty on arbitrators to disclose matters which would or might lead to the conclusion...more

Carlton Fields

Seventh Circuit Adds to Circuit Split, Holds Section 1782 Does Not Authorize Federal Courts to Compel Discovery for Use in Private...

Carlton Fields on

On a question of first impression in the Seventh Circuit regarding whether U.S. law allows federal courts to compel discovery for use in a private foreign arbitration, the Seventh Circuit joins the Second and Fifth Circuits...more

Miller Canfield

The Escalating Split Over the Right to Obtain Discovery in the U.S. For Use in Private International Arbitrations Seated Outside...

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Parties involved in litigation outside the United States have long had at their disposal a useful tool for obtaining American-style discovery in the U.S. 18 U.S.C. § 1782(a) of the United States Code authorizes a United...more

Faegre Drinker Biddle & Reath LLP

Recent Decisions Reveal Deepening Split on the Issue of Discovery Through U.S. Courts for International Arbitrations

A current hot topic concerning international arbitration is whether parties can obtain discovery through the U.S. courts. Under 28 U.S.C. § 1782, an interested person may petition a district court for an order requiring a...more

Morrison & Foerster LLP

International Arbitration Update: Fourth Circuit Approves U.S. Discovery In Aid Of Foreign-Seated Private Commercial Arbitration,...

An important question in international arbitration is whether courts in the United States can order discovery in aid of foreign-seated arbitrations under 28 U.S.C. § 1782 (“Section 1782”). The law in this area is quickly...more

Morrison & Foerster LLP

U.S. Court of Appeals Makes U.S. Discovery Available in Aid of International Commercial Arbitration

On September 19, 2019, the United States Court of Appeals for the Sixth Circuit, for the first time, ruled that 28 U.S.C. § 1782 (“Section 1782”) permits U.S. discovery in support of a private international commercial...more

Bracewell LLP

Broad U.S. Discovery Now Available in Foreign Arbitrations

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In a decision that may significantly increase access to domestic discovery in foreign arbitration proceedings, the United States Court of Appeals for the Sixth Circuit ruled on September 19 that courts may order individuals...more

WilmerHale

US Supreme Court Rejects “Wholly Groundless” Exception to Rule That Arbitrators Must Decide Arbitrability When Contract Delegates...

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On January 8, 2019, the US Supreme Court held in Henry Schein, Inc. v. Archer & White Sales, Inc., 586 U.S. --- (Jan. 8, 2019), that when a contract delegates to arbitrators the question whether a dispute is subject to...more

Akin Gump Strauss Hauer & Feld LLP

Second Circuit and New York Appellate Division Decisions Affirm Pro-Arbitration Policies

• 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

Morrison & Foerster LLP

Formalities Are Important: Avoiding Potential Pitfalls When Commencing Arbitration

Two recent English High Court judgments illustrate the importance of ensuring that your arbitration notice or request fully complies with the formal requirements of the arbitral rules chosen by the parties and that the papers...more

Wilson Sonsini Goodrich & Rosati

Recent $455 Million Payment Reaffirms Certainty of International Arbitral Awards

One of the most often overlooked features of arbitration in the context of international commercial disputes is the certainty provided by a final award. Recently, Dow Agrosciences paid Bayer Cropscience more than $455 million...more

Foley & Lardner LLP

India Modernizes its Arbitration System: U.S. Companies Should Consider Arbitration Clauses in Indian Commercial Contracts

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The Indian court system has gained an unfortunate reputation for being notoriously slow, cumbersome, unpredictable, and unreliable, which makes solving commercial disputes in India a challenging ordeal. India ranks near the...more

WilmerHale

Russia Implements Arbitration Reform

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Russia has significantly revised its arbitration laws as of 1 September 2016. On that date, two laws—the Federal Law “On Arbitration (Arbitral Proceedings) in Russia” and the Federal Law No. 409-FZ—come into effect, and amend...more

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