International Litigation & Dispute Resolution

Articles

In-depth analysis and practical advice on topics relevant to your practice. Find all of the International Litigation & Dispute Resolution Committee’s articles in this archive.

2021

Servotronics Goes to the Supreme Court
By H. Christopher Boehning, Geoffrey Chepiga, and Carter Greenbaum – March 26, 2021
The U.S. Supreme Court will decide when parties can obtain U.S. discovery in aid of international arbitrations next term.

Antecedent Delegation Agreement Concerning a Non-Signatory to an Arbitration Agreement 
By Gilbert Samberg – March 3, 2021
The “Russian nesting doll” problem remains unresolved.

The Application of Uber v. Heller
By Jocelyn Turnbull Wallace and Andrew Kalamut – February 10, 2021
Ontario Superior Court of Justice weighs in on the unconscionability doctrine with regards to standard form arbitration clause

Discovery Obligations vs. Data Transfer Restrictions
By Alex Hao, Marissa Dong, Lena Yuan, and Eloise Liu – February 4, 2021
U.S. litigation counsels face unique challenges when representing Chinese clients.

Third Circuit Holds an Arbitration Award Was a Judicial Record and Must Be Unsealed
By Frederick Acomb and Emily Ladd – January 21, 2021
Parties concerned with maintaining the confidentiality of arbitration awards should think carefully before filing petitions to confirm, vacate, or modify them.

Singapore International Arbitration Centre Opens Office in New York
By Shin Y. Hahn – January 20, 2021
SIAC will be the first Asia-based arbitral institution to open its office in New York, taking the leap to become a global institution and joining other well-regarded institutions in the Americas.

Hong Kong’s Growing Arbitrational Power
By Glenn Haley – January 12, 2021
Hong Kong further enhances its place as the preferred venue for cross-border arbitrations involving Mainland PRC assets or involving parties with assets on the Mainland.

Arbitrator Challenges: A Practical Guide
By Katia Finkel and Louise Oakley – January 7, 2021
A guide considering the LCIA, ICC, and ICSID for parties who wish to challenge, or defend a challenge from, one or more members of an arbitral tribunal.

2020

When Propaganda and Torture Prevail Over Spiritual Practice and Religion
By Emmanuel Bonilla – December 3, 2020
In a dispute between the Chinese Anti-Cult Association and the Falun Gong spiritual and religious group, the Second Circuit held that the followers of the group were not entitled to relief.

Pro Se Litigant Lacks Standing to Close LLC Final Business
By Emmanuel Bonilla – December 3, 2020
While C.G.S. § 34-267a seems to imply that a person of any representation may wind up the affairs of a company, the Second Circuit interprets it strictly to that of a lawyer.

Circuit Court Split over International Arbitration Grows
By Yesenia Alfonso – October 1, 2020
Seventh Circuit denies section 1782 discovery assistance for private international arbitration.