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Articles

Supreme Court Slams the Door on the Use of Federal Courts to Obtain Discovery in Aid of Non-Governmental Foreign and International Arbitrations

By Sarah B. Biser and Craig R. Tractenberg, Fox Rothschild LLP

In June 2022, the US Supreme Court resolved an important issue regarding international arbitrations by ruling that, contrary to two previous appellate court rulings, a U.S. statute that authorizes federal courts to order discovery “for use in a proceeding in a foreign or international tribunal” does not apply to proceedings in foreign and international arbitrations before private adjudicatory bodies.

Articles

Amended ICSID Arbitration Rules Enter Into Force

By Christopher Moore, Ari MacKinnon, and Laurie Achtouk Spivak, Cleary Gottlieb Steen & Hamilton LLP

On July 1, 2022, the amendments to the Regulations and Rules of the International Centre for Settlement of Investment Disputes (“ICSID”) entered into force. This article summarizes and comments on the key changes. The 2022 ICSID Arbitration Rules apply to ICSID arbitrations commenced on or after July 1, 2022.

Articles

Why ESG Matters in Restructurings

By Eloise Matsui, Partner, Stephanie Poon, Senior Associate, Natasha Law, Associate, Stephenson Harwood LLP

ESG considerations can play a key role in the restructurings of distressed businesses. This article examines what should be the ESG playbook for companies or insolvency practitioners implementing a restructuring.