-
Upcoming Event: “International Arbitration and US Discovery after Luxshare v. ZF?” at the DIS
Readers, the German Arbitration Institute, the DIS, is hosting an online discussion titled “International Arbitration and US Discovery after Luxshare v. ZF?” The panelists are Dr. Barbara Maucher of Noerr, Derek Adler of Hughes Hubbard & Reed, and me. Friend of Letters Blogatory Peter Bert, of Taylor Wessing, will moderate the discussion. The conversation will……
-
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……