Arbitration practitioners and neutrals alike are familiar with the abundant case law setting a high bar for losing parties seeking to avoid enforcement of a foreign arbitration award under the New York Convention. In a case argued before the Second Circuit Court of Appeals on February 16, 2024, one member of the three-judge panel invoked the words of Don Corleone in The Godfather to underscore that users of arbitration must accept the result of the dispute resolution process that they …
international arbitration
Arbitration is Efficient! US Supreme Court Rejects Foreign Discovery Requests in International Arbitration
A CCA Blog: The Aardvark* My friends on the US Supreme Court unanimously agreed this week that parties in foreign arbitrations cannot ask US courts for discovery. The Supreme Court’s opinion in ZF Automotive US, Inc., et al. v. Luxshare, Ltd., and AlixPartners, LLP, et al. v. Fund for Protection of Investors' Rights in Foreign States (June 13, 2022) settled a dispute among the US Circuits over whether 28 USC 1782, a statute providing for foreign court assistance, applied in …
