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International arbitration

SCOTUS Asked to Resolve Circuit Split Over U.S. Discovery in Foreign Private Commercial Arbitrations

By Beth Graham - December 23, 2020
The United States Supreme Court has reportedly been asked to resolve a circuit split over whether parties to a foreign commercial arbitration proceeding may see discovery in the United States under 28 U.S.C. § 1782(a).

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International Commercial Courts in the United States and Australia: Possible, Probable, Preferable?

By Beth Graham - July 13, 2020
S.I. Strong, Associate Professor at the University of Sydney Law School, has published “International Commercial Courts in the United States and Australia: Possible, Probable, Preferable?,” AJIL Unbound (Forthcoming 2021); Sydney Law School Research Paper No. 20/37. 

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Non-signatories Can Now Enforce International Commercial Arbitration Agreements on Equitable Estoppel Grounds

By Beth Graham - July 6, 2020
University of Alberta Faculty of Law Assistant Professor Tamar Meshel has published “GE Energy v. Outokumpu: Non-signatories Can Now Enforce International Commercial Arbitration Agreements on Equitable Estoppel Grounds,” Harvard Business Law Review Online, Forthcoming. 

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ICC International Court of Arbitration Issues Guidance on Conducting Virtual Hearings

By Beth Graham - April 17, 2020
The International Chamber of Commerce’s (“ICC”) Court of Arbitration has issued a “Guidance Note on Possible Measures Aimed at Mitigating the Effects of the COVID-19 Pandemic.” 

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International Arbitration in the Face of COVID-19

By Beth Graham - April 5, 2020
London-based Damian Honey and Nicola Gare of the international law firm HFW have published a timely briefing titled “Questions and Answers on How Best to Deal With International Arbitration in the Face of COVID-19.”

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The AAA-ICDR Issues COVID-19 Update

By Beth Graham - March 15, 2020
On Friday, the American Arbitration Association and its international division, the International Centre for Dispute Resolution (“ICDR”), issued a "COVID-19 Update." 

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International Dispute Resolution and COVID-19

By Beth Graham - March 13, 2020
The Secretariat of the International Court of Arbitration has issued letter guidance regarding the ongoing worldwide COVID-19 outbreak. 

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Sixth Circuit Creates Split on International Arbitration Discovery Question

By Beth Graham - October 28, 2019
The United States Court of Appeals for the Sixth Circuit has created a circuit split regarding whether 28 U.S.C. §1782(a) authorizes a federal court to order discovery in a private international arbitration proceeding. 

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Legal Authorities and Comparative Law in International Commercial Arbitration

By Beth Graham - September 25, 2019
S.I. Strong, Manley O. Hudson Professor of Law at the University of Missouri School of Law, has published, “Legal Authorities and Comparative Law in International Commercial Arbitration: Best Practices versus Empirically Determined Actual Practices;” 1 Ius Comparatum __ (2020 Forthcoming); University of Missouri School of Law Legal Studies Research Paper No. 2019-18. 

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Does International Arbitration Enfeeble or Enhance Local Legal Institutions?

By Beth Graham - July 19, 2019
Catherine A. Rogers, Professor of Law at Penn State Law and Professor of Ethics, Regulation & the Rule of Law at Queen Mary, University of London, and Christopher R. Drahozal, John M. Rounds Professor of Law at the University of Kansas School of Law, have written “Does International Arbitration Enfeeble or Enhance Local Legal Institutions?,” Legitimacy in Investment Arbitration (forthcoming Cambridge University Press 2019).

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Disputing is published by Karl Bayer, a dispute resolution expert based in Austin, Texas. Articles published on Disputing aim to provide original insight and commentary around issues related to arbitration, mediation and the alternative dispute resolution industry.

To learn more about Karl and his team, or to schedule a mediation or arbitration with Karl’s live scheduling calendar, visit www.karlbayer.com.

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