28 USCS § 1782 is a US federal statute which permits parties to seek discovery of documents and other items in US federal courts, for use in proceedings based outside of the US. A recent case, Abdul Latif Jameel Transp. Co. v. FedEx Corp, 2019 U.S. App. LEXIS 28348 (“FedEx Corp.”) creates a split, or disagreement, amongst influential Circuit Courts (federal courts of appeal) about whether the statute applies to international arbitrations seated outside of the US.

Last week, the Sixth Circuit Court of Appeals in FedEx Corp. answered in the affirmative, authorizing the use of 28 USCS § 1782 to apply to private international arbitrations seated […]

Last week, the California International Arbitration Council (“CIAC”) filed an amicus curiae brief with the Supreme Court of California in the Rockefeller Technology Investments (Asia) VII v. Changzhou Sinotype Technology Co., Ltd. case. Because this case may have a significant impact on arbitration in California, CIAC’s brief supports a ruling for Rockefeller.

The case revolves around a soured investment partnership between an American and Chinese company. In their contract, the parties agreed to an arbitration clause seated in Los Angeles. Additionally, they agreed that service of notice should be through FedEx or other similar courier. Rockefeller followed these steps to initiate an arbitration, but […]