The Supreme Court has issued only two decisions on Section 1782. In this Alert, we discuss the second of those two decisions, ZF Automotive US Inc. v. Luxshare, Ltd., No. 21–401, issued on June 13, 2022. This decision resolved a Circuit split that can be traced to the Court’s first Section 1782 case (18 years earlier), Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004). The Supreme Court has now made clear that,…
Olin Holdings Ltd. v. State of Libya, No. 21-CV-4150 (S.D.N.Y. Mar. 22, 2022)[1] In the 1990s, Libya made…
Citigroup Inc. v. Sayeg, No. 21-cv-10413 (S.D.N.Y. Jan. 20, 2022)[1] Factual Background Luis Sebastian Sayeg Seade (“Sayeg”) was…
In the Matter of the Application of New York State Department of Health, Petitioner, For an Order, Pursuant to Article 75 of the CPLR, staying an arbitration commenced by Rusi Technology Company, Limited, Respondent, 2022 NY Slip Op 50041(U) (Sup. Ct. Albany County Jan. 25, 2022 In a special proceeding brought before a trial level court in New York, the New York State Department of Health (“DOH”) moved for an order and judgment permanently staying an…
We are pleased to announce that the latest edition of the Baker McKenzie International Arbitration Yearbook is now…
District court recognizes and confirms a partial final arbitration award against a foreign sovereign and foreign government agency,…
First Circuit vacates grant of motion to compel arbitration, finding that the parties’ disagreement over which conflicting agreement applied required the district court to resolve the gateway question of arbitrability. McKenzie v. Brannan, No. 20-2170 (1st Cir. Nov. 22, 2021)[1] Factual Background American Pop Art artist Robert Indiana (“Indiana”) was famous for his distinctive “LOVE” image (with the L and titled O sitting atop the V and E). In 2008, Indiana entered into a publishing agreement…
No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration…
A. LEGISLATION AND RULES A.1 Legislation The United States has arbitration-related legislation at both the federal (national) and…
A. LEGISLATION AND RULES A.1 Legislation International arbitration in Canada is, for the most part, a matter of provincial jurisdiction. Each province and territory has enacted legislation adopting the UNCITRAL Model Law, occasionally with slight variations, as the foundational law for international arbitration. Canada’s federal Parliament has also adopted a commercial arbitration code based on the UNCITRAL Model Law, which is applicable when the federal government or one of its agencies is a party to…