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The use of arbitration clauses and agreements is not infrequent, forcing federal and state courts to address the enforceability of such agreements on numerous grounds. Courts have created variants of federal procedural rules,...more
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
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
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
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
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
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
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
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
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
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
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
The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782. The Court granted...more
The U.S. Supreme Court decided last Monday to not hear a case involving the State of Delaware's effort to create a state-sponsored program where sitting judges could confidentially arbitrate business disputes. Lower courts...more