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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 law that allows discovery from persons residing or found in the United States in aid of foreign proceedings.1 This decision limits access to U.S. discovery tools [...]

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 cannot serve as a basis for vacating an arbitration award, affirming the restrictive limits of judicial review in such cases. The ruling emphasizes the principle [...]

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 appeal, the aggrieved party may ask, "Why can't this decision just be postponed until after my appeal is resolved?" Enter the concept of a stay [...]