Category Archives: Transnational Litigation

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

Photo of Neil PopovicPhoto of Skyler HicksBy Neil Popovic and Skyler Hicks on Posted in Transnational Litigation
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 US, Inc., et al. v. Luxshare, Ltd. and AlixPartners, LLP, et al. v. The Fund for Protection of Investors’ Rights in Foreign … Continue Reading

Supreme Court May Be Asked to Decide Whether State Insurance Laws Reverse-Preempt the New York Convention

Photo of Neil PopovicPhoto of Shin HahnPhoto of William de Sierra-Pambley*By Neil Popovic, Shin Hahn and William de Sierra-Pambley* on Posted in Commercial Arbitration, Transnational Litigation
On August 12, 2021, the Ninth Circuit Court of Appeals decided whether Washington state law reverse-preempts the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”), in which case the state law would bar the enforcement of arbitration clauses in insurance contracts in states with similar anti-arbitration laws. CLMS … Continue Reading

SCOTUS Finally Agrees to Address Discovery for Use in Foreign Arbitration

Photo of Shin HahnPhoto of Neil PopovicBy Shin Hahn and Neil Popovic on Posted in Commercial Arbitration, Transnational Litigation
On March 22, 2021, the U.S. Supreme Court granted certiorari in the case brought by Servotronics Inc., where it challenged the Seventh Circuit’s decision to reject discovery pursuant to 28 U.S.C. § 1782 for use in a private arbitration brought by Rolls-Royce PLC in London.  The Supreme Court’s decision should resolve the current circuit split … Continue Reading

Rolls-Royce Seeks to Resolve Circuit Split on Whether District Courts Can Order Discovery For Use in Private Arbitration

Photo of Neil PopovicPhoto of Shin HahnBy Neil Popovic and Shin Hahn on Posted in Commercial Arbitration, Transnational Litigation
As discussed in our previous blog, many foreign companies favor private international arbitration for dispute resolution purposes in order to avoid being haled into a U.S. court and to avoid U.S.-style discovery.  That calculus may change if the Supreme Court decides to consider whether a district court has authority to order discovery under 28 U.S.C. … Continue Reading

Sovereign Wealth Funds – Preserving Sovereign Immunity

Photo of Hwan KimBy Hwan Kim on Posted in Commercial Arbitration, Transnational Litigation
In order to minimize the risk of litigation arising from investments in the United States, sovereign wealth funds (“SWFs”) should take care to avoid inadvertent or unnecessary waiver of sovereign immunity–before they establish operational or investment management presence in the United States. SWFs generally benefit from sovereign immunity in the United States under the Foreign … Continue Reading

Pursuing and Responding to Discovery Requests Under 28 U.S.C. § 1782

Photo of Neil PopovicPhoto of Shin HahnBy Neil Popovic and Shin Hahn on Posted in Transnational Litigation
As discussed in a previous blog post, an interested party in a foreign or international proceeding may apply to a United States District Court for discovery from an individual or corporation who resides or is found in the district. This blog describes the procedural steps for pursuing or responding to discovery requests under 28 U.S.C. … Continue Reading

The US Supreme Court Finds that International Organizations’ Immunity Is On Par With That of Foreign Governments

Photo of Helene GogadzeBy Helene Gogadze on Posted in Transnational Litigation
The International Organizations Immunities Act of 1945  (“IOIA”) grants international organizations such as the World Bank and the World Health Organization the “same immunity from suit and every form or judicial process as is enjoyed by foreign governments.”  However, at the time the IOIA was enacted, foreign governments enjoyed virtually absolute immunity from suit, while … Continue Reading

US Law Allows Discovery for Foreign Proceedings

Photo of Neil PopovicPhoto of Shin HahnBy Neil Popovic and Shin Hahn on Posted in Transnational Litigation
Fearing the burdens of U.S. court litigation, many foreign companies doing business with American counter-parties insist on forum selection clauses that call for resolution of disputes outside of U.S. courts, either in foreign courts or international arbitration. High on the list of objectives may be avoiding U.S.-style discovery, which can justifiably strike fear into the … Continue Reading

Contracts with Foreign Companies May Require a Rewrite

Photo of Hwan KimPhoto of Neil PopovicBy Hwan Kim and Neil Popovic on Posted in Transnational Litigation
A recent California case may force companies doing business with foreign entities to reconsider—and maybe rewrite—their contracts. In Rockefeller Tech. Invs. (Asia) VII v. Changzhou Sinotype Tech. Co., No. B272170, 2018 WL 2455092 (Cal. App. June 1, 2018), the California Court of Appeal held that parties may not contract around the formal service requirements of … Continue Reading
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