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The U.S. Supreme Court Holds That Only A Governmental Or Intergovernmental Adjudicative Body Constitutes A “Foreign Or International Tribunal” Under 28 U.S.C. §1782

Posted by Marc R. Labgold, Ph.D. | Jun 13, 2022 | 0 Comments

In a unanimous decision issued on June 13, 2020, the Supreme Court has resolved the conflict between various U.S. Courts of Appeals as to the applicability of 28 U.S.C. §1782, holding that “[o]nly a governmental or intergovernmental adjudicative body constitutes a ‘foreign or international tribunal’ under 28 U.S.C. §1782.”   The Court explained that it is “difficult to see how enlisting district courts to help private bodies would serve that end,” further noting that allowing the broader reading “to include private bodies would also be in significant tension with the FAA, which governs domestic arbitration, because §1782 permits much broader discovery than the FAA allows.”  Thus, “[i]nterpreting §1782 to reach private arbitration would therefore create a notable mismatch between foreign and domestic arbitration.”

Assignees Need More Certainty Than Is Provided By The Doctrine Of Assignor Estoppel Under The Supreme Court’s Holding In Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC

Posted by Patrick J . Hoeffner | Jul 08, 2021 | 0 Comments

The U.S. Supreme Court in Minerva Surgical, Inc. v. Hologic, Inc., Cytyc Surgical Products, LLC limited the scope of assignor estoppel, holding that it “should apply only when its underlying principle of fair dealing comes into play” and only when “an invalidity defense … conflicts with an explicit or implicit representation made in assigning patent rights.”

Remote / Virtual Hearings in International Arbitration: A Comprehensive Model Law Analysis

Posted by Marc R. Labgold, Ph.D. | Jan 12, 2021 | 0 Comments

The COVID-19 pandemic has required the international arbitration community to embrace the use of remote / virtual hearings as an alternative to indefinite adjournments. This installment of our continuing series announces the publication of our comprehensive analysis of the tribunal’s authority to order remote hearings under the UNCITRAL Model Law.

The Second Circuit Confirms Its Precedent Denying § 1782 Discovery in Private International Commercial Arbitration, Maintaining Conflict Among Circuits

Posted by Marc R. Labgold, Ph.D. | Jul 15, 2020 | 0 Comments

The Court of Appeals for the Second Circuit addressed two questions concerning international commercial arbitration: (1) whether private international commercial arbitrations are proceedings for which § 1782 may be invoked and, if not, (2) whether CIETAC arbitration is a private arbitration, and therefore outside the scope of 28 U.S.C § 1782. The Court confirmed its precedent holding §1782 cannot be invoked in private international commercial arbitrations, and concluded that CIETAC arbitration is a private arbitration, thereby foreclosing relief under § 1782.

Virtual Hearings in International Arbitration: Best Webinars

Posted by Marc R. Labgold, Ph.D. | May 19, 2020 | 0 Comments

The COVID-19 pandemic has required the international arbitration community to consider the use of virtual hearings as an alternative to indefinite adjournments.  As the first installment of our continuing series on the subject, we have identified what we believe are currently the best webinars to assist in taking the initial dip into the virtual pool.

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The Law Offices of Marc R. Labgold, P.C. is a District of Columbia Professional Corporation. Our practice is limited to: International Arbitration, United States Patent Law, and practice before United States Federal Courts, the United States International Trade Commission (USITC), and the United States Patent & Trademark Office (USPTO).

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