Tag: arbitration

  • Case of the Day: ZF Automotive v. Luxshare

    The case of the day is ZF Automotive US, Inc. v. Luxshare, Ltd. (S. Ct. 2022). This is the big Section 1782 decision we all have been waiting for, which asks—and answers!—whether foreign arbitrations are proceedings before “foreign or international tribunals,” and therefore whether parties can obtain discovery in the US for use in foreign […]

  • Article of the Day: Eric Sherby, “Is an Arbitrator a ‘Tribunal’ Under Section 1782? The FAA Red Herring”

    I’m happy to welcome friend of Letters Blogatory Eric Sherby, a well-known Israeli lawyer specializing in international litigation and arbitration, who argues in today’s post that it’s a mistake to worry about the possibility that parties to foreign arbitrations might have more rights to take US discovery than parties to domestic arbitrations if the Supreme […]

  • Thoughts on the Bill on Arbitration of Sexual Assault and Harassment Claims

    In February, Congress passed the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act of 2021. The new law amends the Federal Arbitration Act to forbid employers from requiring employees to agree to arbitrate sexual assault or sexual harassment claims under federal, state, or tribal law. I wanted to comment on the bill generally, […]

  • Case of the Day: Hulley Enterprises v. Russian Federation

    The case of the day is Hulley Enterprises, Ltd. v. Russian Federation (D.D.C. 2022). It involves the $50 billion arbitral award that shareholders in Yukos Oil Co. obtained against Russia in 2014 after alleging, in an arbitration in the Netherlands, that Russia had violated the Energy Charter Treaty by measures intended to “bankrupt Yukos, appropriate […]

  • Case of the Day: Badgerow v. Walters

    The case of the day is Badgerow v. Walters (S. Ct. 2022). Denise Badgerow was a financial advisor who worked for REJ Properties. REJ was run by Greg Walters and others. Badgerow, whose employment contract had an arbitration clause, brought an arbitration against Walters under federal law and state law for wrongful termination. The arbitrators […]