News & Analysis as of

Commercial Arbitration Supreme Court of the United States

Bennett Jones LLP

Arbitration Angle - 2023 Edition - Reflecting On A Year Of Decisions And Looking Ahead

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UN Member States Adopt Code of Conduct for Arbitrators in Investor-State Disputes - At its 56th annual session held in Vienna in July 2023, the United Nations Commission on International Trade Law (UNCITRAL) formally...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

Bradley Arant Boult Cummings LLP

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

What did the Court decide? 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”...more

Morgan Lewis

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

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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

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

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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

Hogan Lovells

High Court discovery ruling will transform international arbitration’

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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

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

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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

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

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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

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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

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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

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

BakerHostetler

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

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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

Miller Canfield

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

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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

Jones Day

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

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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

Cranfill Sumner LLP

PART II: Round 2! US Supreme Court to Review 28 U.S.C. §1782 Discovery Question on International and Foreign Tribunals

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ZF Automotive US, Inc. v. Luxshare, Ltd., 21-401 is currently pending before the Supreme Court, with oral arguments scheduled to be heard on March 23, 2022....more

Cranfill Sumner LLP

Round 2! U.S. Supreme Court Has Heard the Arguments on Section 1782 – Discovering the Issues With Discovery in International...

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The Supreme Court is (once again) slated to decide the issue of whether a private commercial arbitral panel constitutes a “foreign or international tribunal” under 28 U.S.C. § 1782, in the matter of ZF Automotive US, Inc.,...more

Hogan Lovells

Justice delayed, justice denied? District court pauses discovery in aid of international arbitration pending Supreme Court...

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As the U.S. Supreme Court considers two cases involving the availability of discovery in international arbitration proceedings, a district court puts discovery in aid of arbitration on hold. What has happened U.S. courts...more

Proskauer - Minding Your Business

Discovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery

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

Troutman Pepper

SCOTUS to Resolve Circuit Split After All — Can Federal Courts Order Discovery For Use in Private, Commercial International...

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The U.S. Supreme Court will resolve the circuit split concerning whether 28 U.S.C. § 1782(a) (Section 1782) applies to private, commercial international arbitrations after all. On December 10, the Court agreed to hear a pair...more

Troutman Pepper

SCOTUS to Dismiss 28 U.S.C. § 1782(a) Case: No Resolution (For Now) as to Whether the Section Applies to Private, Commercial,...

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The Servotronics Inc. v. Rolls-Royce PLC et al. case accepted by the U.S. Supreme Court has been settled and withdrawn, with the matter now removed from the Court’s October 2021 argument calendar. As reported in our March 23...more

Sheppard Mullin Richter & Hampton LLP

Supreme Court May Be Asked to Decide Whether State Insurance Laws Reverse-Preempt the New York Convention

On August 12, 2021, the Ninth Circuit Court of Appeals decided whether Washington state law reverse-preempts the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (“New York Convention”),...more

Troutman Pepper

Servotronics, Inc. v. Rolls-Royce PLC: What the U.S. Supreme Court’s Upcoming Decision on 28 U.S.C § 1782 Means for International...

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On March 22, 2021, the U.S. Supreme Court announced that it would consider the hotly contested issue of whether 28 U.S.C. § 1782 (“Section 1782“) grants parties to international commercial arbitrations seated outside the...more

Eversheds Sutherland (US) LLP

Supreme Court to resolve split on whether 1782 discovery can be used in international commercial arbitrations

The Supreme Court has granted cert over a petition asking the Court to decide whether federal courts may authorize discovery for use in private commercial arbitration abroad. Should the Court do so, its decision will have...more

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