Tag Archives: commercial arbitration

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

Photo of Shin HahnPhoto of Neil PopovicBy Shin Hahn and Neil Popovic on Posted in Commercial Arbitration
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 investment arbitration. See ZF Automotive, Inc. v. Luxshare, Ltd., 142 S.Ct. 2078 (2022). In a unanimous opinion authored by Justice … 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-PambleyBy 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
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