The general default rule in international law is that the lex arbitri—i.e., the law of the place where arbitration is to take place (the seat)—governs the arbitration and the arbitration clause, while the choice-of-law provision governs the substantive provisions of...
The First Circuit Court of Appeals recently clarified the standard District Courts in the circuit should be using to rule on motions to compel arbitration under the Federal Arbitration Act (“FAA”). In Air-Con, Inc. v. Daikin Applied Latin America, LLC, the First...
A letter rogatory is a formal request from a court in one country to a court in another country to perform some act. In the United States, common types of letters rogatory are requests for evidence, often document requests. Often, such letters rogatory seek documents...
Section 1782 of the U.S. Code (28 U.S.C.§ 1782) is a very important discovery tool for litigants who are part of a legal proceeding outside the U.S. (particularly if access to discovery is restricted there). It allows a foreign litigant to make a request before a...
Electronically stored information ("ESI") has connected businesses in ways that were not previously possible. ESI has also become a major source of evidence in all forms of commercial disputes. Arbitration generally limits discovery in order to promote its underlying...
Hundreds of billions of dollars' worth of goods and services flow between the United States and China every year, and all of that commerce gives rise to disputes. While we at FITCH usually recommend entering into International Arbitration agreements when contracting...
Congress created the classification of "special immigrant juvenile" in the Immigration Act of 1990, providing that a certain percentage of immigrant juveniles would be allowed to petition for lawful U.S. permanent residency (i.e. "Green Card") if they met specific...
Congress created the classification of "special immigrant juvenile" in the Immigration Act of 1990, providing that a certain percentage of immigrant juveniles would be allowed to petition for lawful U.S. permanent residency (i.e. "Green Card") if they met specific...
The Supreme Court may soon be taking on an issue that has divided several of the federal circuit courts. The circuits disagree on a fundamental question that relates to arbitration and labor law - whether an agreement to arbitrate is valid when an employee waives the...
As President Obama meets with Asian leaders this week, his conversations with Chinese president Xi Jinping will surely touch on what has become a contentious topic with deep implications in the international community - namely, the rise of Chinese expansionism into...
