Supreme Court Grants Cert in Servotronics Dispute; Likely to Resolve Circuit Split On Key International Arbitration Question
by Andrew Flake
On March 22, the Supreme Court granted cert in the ongoing Servotronics litigation, presenting the likely opportunity for the justices to decide an ongoing and important important question for parties to international commercial arbitrations: whether or not...
ICDR 2021: Third-Party Funding Disclosure in Commercial Arbitration
by Andrew Flake
As the market for alternative litigation financing or third-party funding (TPF) of commercial disputes has matured, more parties to commercial disputes are regularly seeking discovery of underlying funding documents. Depending upon the theory...
ICDR’s 2021 Rules Address Compétence-Compétence; Tension with New Restatement Continues
by Andrew Flake
The International Centre for Dispute Resolution (ICDR) has updated its rules for international mediation and arbitration, effective March 1, 2021. Because ICDR has a record of thoughtfully advancing...
“Absolutely Incensed”: A Foreign Law Twist on Equitable Estoppel in Arbitration
by Andrew Flake
A Ninth Circuit battle between two Indian incense makers over whether their case should be arbitrated has still not burned out. After one correction and remand from the U.S. Supreme Court, the Ninth Circuit considered...
Second Circuit Reaffirms Its View on Section 1782 and Private International Arbitration
Sharpening a split with sister circuits, the Second Circuit has now affirmed its position that private arbitral bodies are not "tribunals" under 28 U.S.C. § 1782. For the time being, then, if your dispute is in international arbitration administered by an entity...