SCOTUS Asked to Weigh in on Whether 28 USC Section 1782 Provides for Discovery in Aid of Private, Foreign, Commercial Arbitration
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By George H. Friedman, SAA Publisher & Editor-in-Chief

As we’ve been speculating for quite some time, the Supreme Court is being asked to resolve a major split on whether 28 USC Section 1782 provides for discovery in aid of private,

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Enforcement of $2 Billion ICSID Award Stayed While Internal Appeal is Pending at Arbitration Forum
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By George H. Friedman, SAA Publisher & Editor-in-Chief

The District Court for the District of Columbia declines for the time being to enforce a $2 billion Award against Egypt because an appellate arbitration proceeding is still pending.

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Update on Split Ninth Circuit Decision Affirming Denial of a Motion to Compel Arbitration: Rehearing En Banc Sought
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By George H. Friedman, SAA Publisher & Editor-in-Chief

DIRECTV is seeking a rehearing en banc on a split Ninth Circuit decision that had denied its Motion to compel arbitration.

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And the Split Goes On … Another Circuit Weighs in on Whether 28 USC Section 1782 Provides for Discovery in Aid of Private, Foreign, Commercial Arbitration. Seventh Circuit Panel (Not Judge Barrett) Says “No.” So Does D. Del. for A Second Time
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By George H. Friedman, SAA Publisher & Editor-in-Chief

Joining the Second and Fifth Circuits, the Seventh Circuit holds that 28 USC Section 1782 does not provide for discovery in aid of private,

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Certiorari Sought for Review of Fifth Circuit’s Ruling Interpreting a PDAA To Provide for a Nine-Arbitrator Panel
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By Theodore Ryan

SCOTUS is being asked to take up whether to let stand a decision upholding a large Award issued by a numerically unbalanced panel.

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NRLB Upholds Arbitration Confidentiality Provisions
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By Cameron Michelsen

The National Labor Relations Board (“NLRB”) recently upheld confidentiality provisions in arbitration agreements in relation to section 7 of the National Labor Relations Act (“NLRA”) and the Federal Arbitration Act (“FAA”).

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