Appellate Law News and Insights

Second Circuit Limits U.S.-Based Discovery For ICSID Arbitrations

Published: Sep 04, 2024
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On July 19, 2024, the U.S. Court of Appeals for the Second Circuit in New York ruled that an arbitral tribunal formed under the auspices of the International Centre for the Settlement of Investment Disputes (ICSID) is not a “foreign or international tribunal” under 28 U.S.C. § 1782, a federal...

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Eleventh Circuit Holds Public Policy Is Not Grounds To Vacate Arbitration Award, Affirms $187.9 Million Award Against Venezuelan State-owned Mining Entity

Published: Aug 30, 2024
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The Eleventh Circuit has confirmed that under Chapter 1 of the FAA, public policy cannot serve as a basis for vacating an arbitration award, affirming the restrictive limits of judicial review in such cases. Key takeaways The Eleventh Circuit has confirmed that under Chapter 1 of the FAA, public policy...

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Stays Pending Appeal: The Status Quo’s Best Friend

Published: Aug 28, 2024
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When it doesn't end in settlement, litigation will inevitably end with winners and losers. That is, one side will obtain a favorable outcome or ruling, while the other side does not. Often, the aggrieved party will seek review of the trial court's decision in an appellate court. When filing an...

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