As the U.S. Supreme Court currently considers the issue of whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), the lower courts continue to receive applications for discovery assistance in international arbitration matters. Section 1782(a) authorizes U.S. district courts to provide assistance to foreign or international tribunals by ordering discovery of persons in the district.
On May 10, 2021, the United States District Court for the District of Columbia found that the Dubai International Finance Centre-London Court of International Arbitration (“DIFC-LCIA”) constitutes a “tribunal” within the meaning of Section 1782.
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In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about witness examinations during virtual hearings, especially in a digital world and faced with...
By Julie Hopkins, Rachel Goedken, Linda Michler, Amy SchmitzIn this episode of the Arbitration Conversation, Amy interviews International Arbitrator and Mediator Wolf Von Kumberg on investor-state arbitration and mediation. https://youtu.be/7TRxcAtSsAA
By Wolf Von Kumberg, Amy SchmitzThis article first appeared on the Securites Arbitration Alert (SAA) Blog here. FINRA has issued a Regulatory Notice reminding industry parties on the proper use of predispute arbitration agreements (“PDAA”)...
By George Friedman
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