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A Significant Second Circuit Ruling on RICO Civil Liability

Dear Readers: On my general website today, I report on a very significant Second Circuit decision concerning civil liability under the RICO (federal racketeering) statute. The case has already once been to the U.S. Supreme Court, and a petition for certiorari from this further decision can be expected.  My report is found under Legal Developments at […]

Some Vitality Remains for Class Arbitration After Concepcion

Class arbitration in the US may have some remaining vitality, under arbitration agreements made before the recent Concepcion decision and which do not include express class action waivers. A recent decision from a federal district judge in San Francisco indicates this, as the Court held that it was for the arbitrators to decide whether the […]

May Foreign Companies Be Subpoenaed at the Offices of Their US Subsidiaries?

Dear Readers: Foreign companies may be exposed to US discovery sought for use in litigation outside the United States. A recent federal court decision rejected an attempt to serve a subpoena for such discovery on a Chinese company at the Chicago offices of its wholly-owned subsidiary. A discussion can be found in the Legal Developments […]

Pro-Arbitration Foreign Anti-Suit Injunctions: An Overextension of US Judicial Hegemony?

“International comity” is the term that first springs to mind when the subject under discussion is a foreign anti-suit injunctions (which, for purposes of this commentary, means an order from a US court enjoining a party before it from proceeding with foreign litigation).  Numerous US federal appellate cases admonish district courts to permit foreign anti-suit […]

Competition Stiffens for New York ADR Engagements

Dear Readers It is not usually the function of Arbitration Commentaries merely to report news of the day, but while a new post on anti-suit injunctions in aid of international arbitration is in preparation, I invite your attention to an article in today’s New York Times reporting that a disbarred former lawyer, having completed his prison […]

New US Developments on Civil Liability for International Law Violations

Dear Readers: On the general website of my law practice, www.lexmarc.us, you will find an essay on recent developments in US litigation under the Alien Tort Statute (“ATS”).  MJG

Arbitrators and Untimely Motions: Thoughts on a Case Gone Awry

A recent US Second Circuit Court of Appeals decision re-affirmed some well-settled principles about the appealability of district court orders dealing with arbitration. The Court held that an order of the district court refusing to enjoin a pending arbitration was not appealable while the arbitration was in progress. (Accenture, Inc. v. Spreng, 2011 U.S. App. […]

Discovery in Aid of Post-Award Claims of Arbitrator Bias: Has the Second Circuit Opened the Floodgates?

Last week the US Second Circuit Court of Appeals wrote what should be the final chapter in one of the largest international arbitrations to emerge from the US financial crisis of 2007-2008. The case was an “international” arbitration only in the sense that Claimant was a Swiss company while Respondent was a US affiliate of […]