June 2018 - Chang Law

California’s New International Arbitration Law Continues to Move Unopposed

On 27 June 2018, yet another committee of the California Legislature voted to pass California’s new international arbitration law. The bill, Senate Bill 766, was drafted to make California a more desirable seat for international commercial arbitrations, in particular regarding party representation. (For an in-depth analysis of Senate Bill 766, refer to Chang Law’s previous blog post, here.)

The bill was first brought to the California Senate where it was reviewed by two separate committees and then presented to the Senate floor to be voted upon by the entire Senate. By January 2018, both Senate committees had given the green light and the bill unanimously […]

Advisory Committee on the Federal Rules of Civil Procedure Delays Consideration of Automatic Disclosure of TPF

The United States Courts Advisory Committee on the Rules of Civil Procedure issued a recent report which has essentially stalled further consideration of a proposal for automatic disclosure of third party funding. The report can be found here.

The Advisory Committee’s previous comments to the Federal Rules of Civil Procedure (“FRCP”) Rule 26 noted that the rule for disclosure of the existence of insurance agreements does not extend to TPF. Subsequent recommendations to require automatic disclosure of TPF under FRCP Rule 26 were proposed in 2014 and 2016, but were not taken up.

The recommendation was a new Rule 26(a)(1)(A)(v) that would require automatic disclosure of

“any agreement under […]

Advisory Committee on the Federal Rules of Civil Procedure Delays Consideration of Automatic Disclosure of TPF Chang Law 2018-06-15T18:20:53+00:00