-
Case of the Day: CLMS Management Services v. Amwins Brokerage
Does the McCarran-Ferguson Act “reverse preempt” federal law when it requires arbitration of an insurance dispute? Continue Reading Case of the Day: CLMS Management Services v. Amwins Brokerage
-
Gary Born’s Critique of the Choice of Court Agreement Convention Misses the Mark
Gary Born has published a series of posts not just critiquing the HCCH 2005 Choice of Court Convention, but urging states not to ratify it, or to denounce it if they have already joined. Born’s first three posts were published in June on the Kluwer Arbitration Blog, where he also published two follow-up posts. Born’s……
-
More Servotronics Action
Back in March 2020, the Fourth Circuit issued a decision in the Servotronics case, holding that courts had the power, under § 1782, to order discovery in aid of a private international arbitration outside the United States. Continue Reading More Servotronics Action
-
Update: The Servotronics Cert. Petition
For those of you following the Servotronics case, the case about whether Section 1782 allows for discovery in aid of private foreign arbitrations, Justice Barrett has just denied Servotronics’s request to reconsider the Clerk’s routine administrative decision to enlarge the time for Boeing, the respondent, to file a response to the petition for certiorari. This……
-
Cert. Watch: Servotronics v. Rolls-Royce
Readers, I am keeping my eye on the cert. petition in Servotronics, Inc. v. Rolls-Royce plc, a case I’ve written about before, which raises the question whether § 1782 reaches private international arbitrations, or more specifically, whether such arbitrations are proceedings in a foreign or International tribunal, as the statute requires. The petition was filed……