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Arbitration Procedure

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In Re Application of Hanwei Guo for an Order to Take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. § 1782 (2d Cir. Case No. 19-781, July 8, 2020). Section 1782 of Title 28 of the U.S. Code is a statute that provides for U.S. style discovery in aid of foreign proceedings. On July 8, 2020, the Second Circuit Court of Appeals issued a decision that Section 1782 may not be used…

In recent years, there has been a marked increase in the prevalence of challenges to arbitral awards based on alleged breaches of “natural justice” or “due process”. Some observers have noted a corresponding impact on the conduct of tribunals, who are increasingly unwilling to deny requests for extensions of time and rights of reply, rejoinder and rebuttal. This phenomenon has been described as “due process paranoia” and can have a potentially detrimental effect on the…

The Finland Arbitration Institute (“FAI”) administers domestic and international arbitrations governed by its Arbitration Rules and the Rules for Expedited Arbitration. These rules were fully revised in 2013, and have now been updated with the revision that entered into force 1 January 2020 (the “2020 Rules”). The 2020 Rules contain individual improvements to the 2013 Rules, with the aim of speeding up and streamlining the arbitration process. Key changes include further possibilities to deliver documents…

In Galilea, LLC v. AGCS Marine Ins. Co., No. 19-CV-05768 (VEC) (S.D.N.Y. Dec. 16, 2019), Petitioners, Galilea, LLC and Christopher Kittler, owners of a 60-foot yacht, sought to vacate an arbitration award entered in favor of Respondents/Cross-Petitioners, AGCS Marine Insurance Company, Liberty Mutual Insurance Company, and Starstone National Insurance Company. The arbitration was the result of the grounding of Petitioners’ yacht in Panamanian waters. After Respondents denied Petitioners’ request for insurance coverage, Respondents initiated an…