Matthew Kirtland and Katie Connolly | International Law Office | May 23, 2019 Introduction Unbeknown to many, Section 1782 of Title 28 of the US Code permits parties to obtain discovery in the United States in aid of non-US legal proceedings, including – in some instances – international arbitrations. Such discovery can include documents and… Continue reading Disclosure in International Arbitration: Using US Courts to Obtain Discovery for Non-US Proceedings
Category: Arbitration
U.S. Supreme Court Affirms the Necessity of Express Authorization for Class Arbitration
Micha Nandaraj Gallo | Covington & Burling | April 25, 2019 On April 24, 2019, the Supreme Court issued its opinion in Lamps Plus, Inc., et al. v. Varela, addressing the question of whether an ambiguous arbitration agreement can be read to compel class arbitration under the Federal Arbitration Act, 9 U.S.C. §§ 1-16 (2000). Underscoring the controversial… Continue reading U.S. Supreme Court Affirms the Necessity of Express Authorization for Class Arbitration
United States Supreme Court Limits Class Arbitration
Jeffrey K. Brown and Raymond J. Nhan | Payne & Fears | April 24, 2019 On April 24, 2019, the United States Supreme Court held that the Federal Arbitration Act (“FAA”) bars orders requiring class arbitration when an agreement is ambiguous about the availability of such a procedure. Lamps Plus v. Varela, 587 U.S. __ ,… Continue reading United States Supreme Court Limits Class Arbitration
Arbitration Provisions are Challenging to Circumvent
David Adelstein | Florida Construction Legal Updates | April 13, 2019 Arbitration provisions are enforceable and they are becoming more challenging to circumvent, especially if one of the parties to the arbitration agreement wants to arbitrate a dispute versus litigate a dispute. Remember this when agreeing to an arbitration provision as the forum for dispute resolution… Continue reading Arbitration Provisions are Challenging to Circumvent
Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal
Chip Merlin | Property Insurance Coverage Law Blog | May 15, 2019 “Oh, Boy!” was my first thought after reading a case which holds that those arbitration agreements requiring policyholders to arbitrate in far-away places could not be stopped by state law. Congress should stop this, and state legislators should write laws to ban those… Continue reading Arbitration Provision In Insurance Policy Applies Because Federal Arbitration Act Supersedes State Law Making Such Clauses Illegal