In our recent post, we discussed the split in the federal appeals courts over whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), which authorizes U.S. district courts to provide assistance to foreign or international tribunals by ordering discovery of persons in the district.
LCIA Releases Update To Its Arbitration Rules
The London Court of Arbitration (LCIA) released 2020 update to its arbitration and mediation rules (the “Rules updates”), which comes into effect on October 1, 2020. The purpose of the update is to “aim to make the arbitral and mediation processes even more streamlined and clear for arbitrators, mediators and parties alike.”
The Rules updates,
U.S. Supreme Court Rules that Equitable Estoppel May be Applied to International Contracts Governed by the New York Convention
In cases involving contracts between U.S. companies, courts frequently allow a nonsignatory to a contract to enforce an arbitration provision in the contract against a signatory when the signatory to the contract relies on the terms of that agreement in asserting its claims against the nonsignatory. On June 1, 2020, the U.S. Supreme Court ruled
SDNY Enforces An Arbitral Award But Won’t Enjoin The Enforcement Of Austrian Judgment Concerning Same Matter
A recent decision of the Southern District of New York illustrates enforcement of arbitral awards under the New York Convention in situations when there are competing decisions issued by an arbitration tribunal and a foreign court.
In Ocean World Lines, Inc. v. Transocean Shipping Transportagentur GesmbH, No. 19 CIV. 43 (AT), 2020 WL 3250734,