On July 15, 2021, the Second Circuit reinforced the availability of § 1782 discovery to most investor-state arbitrations. In The Application of the Fund for Protection of Investor Rights, the court held that an investment arbitration, unlike a private commercial arbitration, can serve as the basis for § 1782 relief, even though the investment arbitration in question is not governmentally funded, is confidential, and the arbitrators are private individuals……
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This article first appeared on Urbas Arbitral, here. Canada’s Supreme Court in Wastech Services Ltd. v. Greater Vancouver Sewerage and Drainage District, 2021 SCC 7 offered to clarify a contracting party’s duty...
By Daniel UrbasThe Supreme Court has decided Southwest Airlines Co. v. Saxon, No. 21-309, ruling unanimously that the Federal Arbitration Act (“FAA”) section 1 exemption of “workers engaged in foreign or interstate commerce” includes classes of workers who...
By George FriedmanThis article was first published on the Securities Arbitrate Alert, here. In about a month, the Supreme Court has gone from zero arbitration-centric cases set for review to four (five...
By George Friedman