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…
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…
No training programme for first year arbitration associates is complete without an exploration of the advantages of arbitration versus litigation. Young lawyers learn the attractions of confidentiality and the enforcement benefits of the New York Convention. They hear the risks of finality and potential lack of predictability. Ultimately, we explain these to our clients, who make the decisions. Similarly, many surveys in our industry start with the same question: do you prefer arbitration or litigation?…
A. LEGISLATION AND RULES A.1 Legislation The United States has arbitration-related legislation at both the federal (national) and…
DIGOIL v. Democratic Republic of Congo, No. 20-cv-1130 (RJL) (D.D.C. Sept. 14, 2021) [click for opinion] Factual Background…
Cube Infrastructure Fund Sicav v. Kingdom of Spain, No. 20-cv-1708 (EGS) (D.D.C. May 17, 2021) [click for opinion] Cube Infrastructure Fund SICAV, Cube Infrastructure Managers S.A., Cube Energy S.C.A. (now Cube Energy S.a.r.l.) (“Cube”), Demeter Partners S.A., and Demeter 2 FPCI (“Demeter”) are European-based investment and private equity funds that invest in energy projects. Cube and Demeter invested in multiple hydro-power and photovoltaic (“PV”) facilities in Spain in 2008, 2011, and 2012, after Spain established…