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Member Articles


Choose Your Weapon: Practical Considerations for 28 U.S.C. 1782 Discovery Applications

Authors: Kyle Kolb and George V. Utlik 28 U.S.C. § 1782 (“Section 1782”) is a powerful tool to obtain evidence, both documents and deposition testimony, for use in a dispute outside the U.S. Whether Section 1782 i ...

Sword or Shield? Resisting the Enforcement of Arbitration Awards in Australia and Security for Costs – Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd [2020] FCA 1033

Authors: McKenzie Moore, Tudor Filaret In the matter of Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd [2020] FCA 1033, the Federal Court of Australia provided clarity on whether security for costs wil ...

MA Court Upholds Enforceability of No-Contest Clauses in Wills and Trusts

Capobianco v. Dischino, 98 Mass. App. Ct. 1101 (July 9, 2020)In a recent Massachusetts Appeals Court decision, Capobianco v. Dischino, 98 Mass. App. Ct. 1101 (July 9, 2020), the Court upheld the enforceability of no-co ...

How an Asymmetric Jurisdiction Clause May Affect Enforcement in Mainland China

A New Take by the Hong Kong Court An asymmetric jurisdiction clause ("AJC") is a jurisdiction clause that allows one party to commence proceedings over disputes arising from the underlying contract against the other con ...

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