ABA Litigation Section
Commercial & Business Litigation Committee
Alternative Dispute Resolution Committee

Wednesday, April 12, 2023
9:00-10:00 AM PT | 10:00-11:00 AM MT |
11:00 AM-12:00 PM CT | 12:00-1:00 PM ET

Program Description:

In June of 2022, the Supreme Court held that only a governmental or intergovernmental adjudicative body constitutes a “foreign or international tribunal” under Section 1782. While this ruling resolves a circuit split in the US, is the matter now over? What do litigators need to know about possible defenses and workarounds? Should there be any modifications to arbitration clauses given the unavailability of Section 1782, and what are the differences between international commercial arbitrations, ad hoc arbitrations, and ICSID arbitrations going forward? Join us to learn important practice tips on adapting your arbitration practice.

Joan Stearns Johnsen, University of Florida Levin College of Law, Moderator
Nancy Thevenin, Thevenin Arbitration and ADR
John Pinney, Graydon
Edward Mullins, Reed Smith