News & Analysis as of September 20, 2024

Supreme Court of the United States › International Litigation

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The United States Supreme Court is the highest court of the United States and is charged with interpreting federal law, including the United States Constitution. The Court's docket is largely discretionary with only a limited number of cases granted review each term. The Court is comprised of one chief justice and eight associate justices, who are nominated by the President and confirmed by the Senate to hold lifetime positions. less -

Supreme Court to Interpret Key Language in the Foreign Sovereign Immunities Act’s Expropriation Exception and Consider the...

Foley Hoag LLP on 8/22/2024

Since 2010, Simon v. Republic of Hungary has ascended and descended the judicial ladder as federal courts have considered how to interpret and apply the “expropriation exception” of the Foreign Sovereign Immunities Act...more

U.S. Supreme Court to Decide Whether Holocaust Survivors’ Lawsuit Against Hungary in the United States for Expropriation of Their...

Fox Rothschild LLP on 6/25/2024

After it became clear that they would lose World War II, Nazi Germany and Hungary raced to complete their eradication of the Jews before the Axis surrendered. The Axis powers wiped out more than two-thirds of Hungary’s...more

Latin America Dispute Resolution Update – The Latest Developments in Cross-Border Disputes Related to the US and Latin America

Skadden, Arps, Slate, Meagher & Flom LLP on 9/29/2023

US Case Law Update - The U.S. Supreme Court and appellate courts have issued several recent decisions on important topics related to arbitration and the ability to enforce awards and judgments in the United States....more

Does the Lanham Act extend internationally?

White & Case LLP on 3/24/2023

On March 21, 2023, the Supreme Court heard oral arguments on whether federal trademark law applies to trademark infringement occurring outside the United States. The case that has brought this issue to the court is Abitron...more

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

Troutman Pepper on 11/18/2022

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

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

Sheppard Mullin Richter & Hampton LLP on 8/10/2022

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

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

Akin Gump Strauss Hauer & Feld LLP on 7/18/2022

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 Supreme Court Restricts Access to Discovery in Foreign Arbitration Proceedings

The Volkov Law Group on 7/12/2022

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

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

A&O Shearman on 7/11/2022

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

Supreme Court Rejects Use of Section 1782 Discovery for Private Arbitration

Foley Hoag LLP on 6/28/2022

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

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

Morgan Lewis on 6/23/2022

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

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

Eversheds Sutherland (US) LLP on 6/20/2022

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

Supreme Court Limits Section 1782 Discovery in International Arbitrations

Robinson & Cole LLP on 6/20/2022

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

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

Cranfill Sumner LLP on 6/20/2022

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

U.S. Supreme Court Curtails Discovery in International Arbitration

Faegre Drinker Biddle & Reath LLP on 6/17/2022

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

International Arbitration Update: U.S. Supreme Court Limits the Scope of Discovery in Aid of International Arbitration to...

Morrison & Foerster LLP on 6/17/2022

Does 28 U.S.C. § 1782 (“Section 1782”), which permits litigants to seek the assistance of U.S. district courts in obtaining evidence for use in a “foreign or international tribunal,” apply to arbitrations before “private...more

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

McDermott Will & Emery on 6/16/2022

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

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

Seyfarth Shaw LLP on 6/16/2022

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

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 6/16/2022

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

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

Jenner & Block on 6/16/2022

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

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

Akin Gump Strauss Hauer & Feld LLP on 6/15/2022

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

Supreme Court (all but) ends the use of 28 U.S.C. 1782 for international arbitration

BakerHostetler on 6/15/2022

In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more

United States Supreme Court Restricts Availability of U.S. Discovery in Support of International Arbitration

Miller Canfield on 6/15/2022

Parties involved in litigation outside the U.S. have long had a useful information-gathering tool at their disposal: a U.S. statute allowing them to obtain by court order testimony and documents from persons located in the...more

Supreme Court Restricts 28 U.S.C. § 1782 Discovery in Aid of Arbitration

Jones Day on 6/15/2022

The U.S. Supreme Court has held that 28 U.S.C. § 1782 authorizes discovery to assist only governmental or intergovernmental adjudicative bodies, and not private adjudicative bodies like the international commercial and ad hoc...more

Supreme Court Rules that Discovery is Not Available in Aid of Private Foreign Arbitration: ZF Automotive US, Inc. v. Luxshare,...

Schwabe, Williamson & Wyatt PC on 6/14/2022

The U.S. Supreme Court resolved a dispute on Monday, June 13, 2022, that had been simmering in the lower courts for some time: whether 28 U.S.C. § 1782(a) authorizes district courts to order discovery in favor of private...more

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Supreme Court of the United States › International Litigation

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