News & Analysis as of

28 U.S.C. § 1782

Epstein Becker & Green

Early Warning Signs: Courts Further Restrict Universe of International Arbitrations Covered by Section 1782 Discovery

Almost nine months ago, on June 13, 2022, the U.S. Supreme Court issued a long awaited decision in ZF Automotive US, Inc. v. Luxshare, LTD. that sought to resolve a decades-old circuit split regarding whether 28 U.S.C. § 1782...more

Troutman Pepper

Federal Court Further Narrows 28 U.S.C. § 1782 Application Following Landmark SCOTUS Decision

Troutman Pepper on

Since the U.S. Supreme Court (SCOTUS) issued its June 2022 critical decision in AlixParters, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, private parties have been foreclosed from petitioning federal courts...more

Jones Day

Questions Remain as Supreme Court Restricts § 1782 Discovery in Private International Arbitrations

Jones Day on

In Short - The Situation: Section 1782 of Title 28 of the U.S. Code authorizes U.S. district courts to order discovery "for use in a proceeding in a foreign or international tribunal." Over the last several years, U.S....more

Sheppard Mullin Richter & Hampton LLP

The Supreme Court Rules That § 1782 Does Not Apply to Private Arbitrations

On June 13, 2022, the Supreme Court issued its highly anticipated decision on the issue of whether 28 U.S.C. § 1782 permits district courts to order discovery for use in international commercial arbitration or ad hoc...more

Akin Gump Strauss Hauer & Feld LLP

Using Int'l Discovery Statute After High Court Limits Its Scope

Law360 has published “Using Int'l Discovery Statute After High Court Limits Its Scope” The article discusses foreign litigants’ use of U.S.-based discovery procedures pursuant to Section 1782 of the U.S. Code, as well as...more

The Volkov Law Group

The Supreme Court Restricts Access to Discovery in Foreign Arbitration Proceedings

The Volkov Law Group on

Anyone involved in civil litigation in the United States knows that U.S. courts permit broad discovery, in contrast to many foreign tribunals with narrower discovery rules. What foreign litigants may not know is that, under...more

A&O Shearman

The United States Supreme Court Holds that 28 U.S.C. § 1782 Does not Encompass Arbitral Tribunals

A&O Shearman on

On June 13, 2022, the Supreme Court issued its opinion in ZF Automotive US, Inc., et al., v. Luxshare, Ltd....more

Foley Hoag LLP

Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

Foley Hoag LLP on

On June 13, 2022, the U.S. Supreme Court decided whether 28 U.S.C. § 1782 – a provision of U.S. law that allows a federal district court to compel a resident individual or company to provide discovery for use “in a proceeding...more

Morgan Lewis

US Supreme Court Restricts Use of US Courts to Aid in Discovery for International Arbitrations

Morgan Lewis on

Parties seeking to use the US court system to facilitate discovery in foreign commercial and investor-state arbitrations may no longer have that option. ...more

McDermott Will & Emery

Lost and “Found”: Fourth Circuit Interpretation of Discovery in Support of Foreign Litigation Opens Circuit Split

McDermott Will & Emery on

The US Court of Appeals for the Fourth Circuit held that a corporation that is not physically present in a district is not “found” in the district for purposes of the federal statute that authorizes courts to order discovery...more

Clark Hill PLC

Supreme Court Resolves Section 1782 Application

Clark Hill PLC on

On June 13, the United States Supreme Court in ZF Auto. US, Inc. v. Luxshare, Ltd., No. 21-401, 2022 WL 2111355 (U.S. June 13, 2022) resolved a disagreement among the circuits and held that Section 1782 does not apply to...more

Eversheds Sutherland (US) LLP

Powerful US discovery tool still allowed for international litigation but not commercial arbitration

On June 13, 2022, the US Supreme Court decided ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401, holding that Section 1782 requires a “foreign or international tribunal” be a tribunal imbued with governmental authority....more

Robinson & Cole LLP

Supreme Court Limits Section 1782 Discovery in International Arbitrations

Robinson & Cole LLP on

This is the third in a series of Legal Updates about international discovery and cross-border litigation. Robinson+Cole has broad experience representing international clients and their U.S. subsidiaries in both domestic and...more

Cranfill Sumner LLP

HOT OFF THE PRESS! The Supreme Court’s Decision on §1782 is in and it’s a shocker!

Cranfill Sumner LLP on

On June 13, 2022, the Supreme Court rendered its decision on whether 28 U.S.C. §1782 (“§1782”) extends to foreign private arbitrations. In a consolidated action, the Court addressed two cases and unanimously held that only...more

Hogan Lovells

High Court discovery ruling will transform international arbitration’

Hogan Lovells on

The U.S. Supreme Court issued a rare unanimous decision on June 13 in a pair of consolidated cases that will have broad ramifications for international arbitration. In ZF Automotive US Inc. v. Luxshare Ltd. and AlixPartners...more

K&L Gates LLP

U.S. Supreme Court Narrows Scope of 28 U.S.C. § 1782 to Proceedings Before "Governmental or Intergovernmental Adjudicative Bodies"

K&L Gates LLP on

On 13 June 2022, the U.S. Supreme Court narrowed the scope of 28 U.S.C. § 1782 (Section 1782), holding that the statute does not permit federal courts to order discovery for use in foreign private commercial arbitrations or...more

Faegre Drinker Biddle & Reath LLP

U.S. Supreme Court Curtails Discovery in International Arbitration

The U.S. Supreme Court has ruled in the case of ZF Automotive US v. Luxshare that parties to private foreign or international arbitrations may not seek discovery assistance from U.S. federal courts for use in their...more

Bradley Arant Boult Cummings LLP

Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign” or “international” tribunals...more

McDermott Will & Emery

Supreme Court Limits Section 1782 Discovery: A Sea Change in the Role of US Courts in International Arbitration

McDermott Will & Emery on

28 U.S.C. § 1782 (Section 1782) allows parties (and even non-parties) to obtain discovery of documents or testimony in the United States in aid of matters before “foreign or international tribunals.” For years, US federal...more

Seyfarth Shaw LLP

US Supreme Court Clarifies the Scope of 28 U.S.C. § 1782

Seyfarth Shaw LLP on

The federal statute 28 U.S.C. §1782 allows litigants in a foreign proceeding to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782’s use has been...more

WilmerHale

The U.S. Supreme Court Rules That U.S. Discovery Under 28 U.S.C. 1782 Is Unavailable For Use in Most International Arbitrations

WilmerHale on

On 13 June 2022, in ZF Automotive v. Luxshare, the U.S. Supreme Court held unanimously that 28 U.S.C. § 1782 does not allow discovery for use in most international arbitral proceedings. The Supreme Court held that only...more

Jenner & Block

US Supreme Court Holds That US Courts Cannot Assist Discovery in Private Foreign or International Arbitrations

Jenner & Block on

Litigants in foreign arbitrations have long looked to 28 U.S.C. § 1782 as a potential avenue for obtaining something close to US-style discovery. But, the US Supreme Court unanimously held this week that this federal statute...more

Bracewell LLP

Supreme Court Resolves Circuit Split Over 28 U.S.C. § 1782

Bracewell LLP on

On Monday, the Supreme Court resolved a circuit split and issued a long-awaited decision holding that broad U.S.-style discovery under 28 U.S.C. § 1782 is not available in private foreign arbitrations. In the past decade,...more

King & Spalding

US Supreme Court Rules Section 1782 Discovery is Unavailable for Use in Private Foreign Commercial Arbitrations and Certain...

King & Spalding on

On June 13, 2022, in a unanimous consolidated decision authored by Justice Amy Coney Barrett, the U.S. Supreme Court ruled that the scope of 28 U.S.C. § 1782(a) (Section 1782), which authorizes federal courts to order...more

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court Closes the Door on § 1782 Discovery in Aid of Foreign International Arbitrations

In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more

113 Results
 / 
View per page
Page: of 5

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide