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International Arbitration Business Litigation

Mayer Brown

Arbitration Act 2025 in Force from 1 August 2025 – What You Need to Know

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On 1 August 2025, the Arbitration Act 2025 ("2025 Act") will come fully into force1.  The 2025 Act revamps the arbitration framework for England, Wales and Northern Ireland (through amendments to the Arbitration Act 1996)....more

ArentFox Schiff

Navigating Mexican Judicial Reforms and the Importance of Arbitration for Businesses in 2025

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On June 1, Mexico held its first-ever national election to appoint judges from the lowest levels in the judicial hierarchy to the very highest, including the Mexican Supreme Court. In total, the 7,700 judges elected through...more

Mayer Brown

Germany’s Highest Court Upholds Validity of Arbitration Agreement which Excludes German T&C Law

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In an important decision this year (I ZB 48/24), the German Federal Court of Justice confirmed that parties can agree to exclude the application of German law on general terms and conditions in their arbitration agreements...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

Carlton Fields

Second Circuit Affirms Confirmation of Arbitration Award Involving Dispute About Foreign Restaurant Franchises

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The Second Circuit Court of Appeals has rejected a challenge to a confirmation of an arbitration award upholding the nonrenewal of a master franchise agreement for Subway restaurants....more

Morgan Lewis

Singapore Court of Appeal Sets Out Framework for Infra Petita Challenges

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In the recent case of DKT v. DKU [2025] SGCA 23, the Singapore Court of Appeal has, noting its observation of an “increasing tendency for disgruntled award debtors to abuse this ground of challenge on wholly unmeritorious...more

Carlton Fields

Fifth Circuit Reverses Decision Denying Motion to Compel International Arbitration

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The Fifth Circuit Court of Appeals recently reversed a district court’s denial of a motion to compel arbitration, concluding that the contract between the parties evinced an intent to arbitrate even if the purported arbitral...more

StoneTurn

Headed to Arbitration in Brazil? Maximize Your Chances of Enforcing the Award

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Over the past two decades, arbitration has become the preferred dispute resolution mechanism in Brazil as a more efficient and flexible alternative to the lengthy traditional court process. Arbitration offers speed,...more

Carlton Fields

Second Circuit Rejects Challenge to Arbitration Award

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The Second Circuit Court of Appeals recently rejected an attempt to vacate an arbitration award related to a maritime contract....more

Conyers

Winding Up Proceedings Prevail: Privy Council Confirms No Stay of Liquidation in Favour of Arbitration

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The Privy Council has recently upheld a BVI judgment refusing stay of a winding up petition in favour of arbitration. The recent Sian Participation Corp (In Liquidation) v Halimeda International Ltd1 Privy Council decision...more

Mayer Brown

Abu Dhabi International Arbitration Centre’s (arbitrateAD) new Arbitration Rules: 12 Key Features

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We recently reported on the newly launched Abu Dhabi International Arbitration Centre branded as "arbitrateAD" (the "Centre"), which replaced the Abu Dhabi Commercial Conciliation and Arbitration Center ("ADCCAC") on 1...more

Carlton Fields

Court Refuses to Compel Arbitration Based on Dissolution of Arbitral Forum

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The U.S. District Court for the Eastern District of Louisiana recently refused to compel arbitration on the ground that the arbitral forum had ceased to exist and that a purported replacement forum was not the same forum and...more

Conyers

The BVI Civil Procedure Rules Undergo Significant Amendment

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Like a reliable and familiar friend, BVI litigators have been accustomed to the Eastern Caribbean Supreme Court Rules (“the CPR”) for a considerable period. They first came into force on 31 December 2000. The CPR, as their...more

Skadden, Arps, Slate, Meagher & Flom LLP

Hong Kong Passes Ordinance To Facilitate Reciprocal Enforcement of Civil and Commercial Judgments

On 26 October 2022, the legislature of Hong Kong passed The Mainland Judgments in Civil and Commercial Matters (Reciprocal Enforcement) Ordinance (the Ordinance) to implement the Arrangement on Reciprocal Recognition and...more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

Jones Day

Hong Kong Court: Questions of Compliance With Pre-Arbitration Requirements Should Be Decided by the Arbitrator

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The Court of Appeal has confirmed that, subject to any agreement to the contrary, the failure to comply with pre-conditions to arbitration goes to the admissibility of a claim and should be determined by the arbitral...more

The Volkov Law Group

The Supreme Court Restricts Access to Discovery in Foreign Arbitration Proceedings

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Anyone involved in civil litigation in the United States knows that U.S. courts permit broad discovery, in contrast to many foreign tribunals with narrower discovery rules. What foreign litigants may not know is that, under...more

Walkers

Privy Council considers the enforcement of foreign arbitral awards in the Cayman Islands

Walkers on

On 19 May 2022, the Privy Council's judgment in Gol Linhas Aereas SA (formerly VRG Linhas Aereas SA) (Respondent) v MatlinPatterson Global Opportunities Partners (Cayman) II LP and others (Appellants) (Cayman Islands) [2022]...more

Eversheds Sutherland (US) LLP

Powerful US discovery tool still allowed for international litigation but not commercial arbitration

On June 13, 2022, the US Supreme Court decided ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, holding that Section 1782 requires a “foreign or international tribunal” be a tribunal imbued with governmental authority....more

Robinson & Cole LLP

Supreme Court Limits Section 1782 Discovery in International Arbitrations

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This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and...more

Cranfill Sumner LLP

HOT OFF THE PRESS! The Supreme Court’s Decision on §1782 is in and it’s a shocker!

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On June 13, 2022, the Supreme Court rendered its decision on whether 28 U.S.C. §1782 (“§1782”) extends to foreign private arbitrations. In a consolidated action, the Court addressed two cases and unanimously held that only...more

WilmerHale

The U.S. Supreme Court Rules That U.S. Discovery Under 28 U.S.C. 1782 Is Unavailable For Use in Most International Arbitrations

WilmerHale on

On 13 June 2022, in ZF Automotive v. Luxshare, the U.S. Supreme Court held unanimously that 28 U.S.C. § 1782 does not allow discovery for use in most international arbitral proceedings. The Supreme Court held that only...more

Jenner & Block

US Supreme Court Holds That US Courts Cannot Assist Discovery in Private Foreign or International Arbitrations

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Litigants in foreign arbitrations have long looked to 28 U.S.C. § 1782 as a potential avenue for obtaining something close to US-style discovery. But, the US Supreme Court unanimously held this week that this federal statute...more

BakerHostetler

Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

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In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more

Jones Day

Supreme Court Restricts 28 U.S.C. § 1782 Discovery in Aid of Arbitration

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The U.S. Supreme Court has held that 28 U.S.C. § 1782 authorizes discovery to assist only governmental or intergovernmental adjudicative bodies, and not private adjudicative bodies like the international commercial and ad hoc...more

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