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Last June, the Supreme Court brought much needed clarity for parties in commercial arbitrations seeking discovery assistance in the U.S. under Section 1782, by holding that such discovery assistance does not extend to...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
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
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 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
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
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
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
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
On March 23, 2022, the Supreme Court heard arguments on the challenges to whether international arbitrations, including private commercial arbitration and investor-state arbitration, qualify as “foreign or international...more
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
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
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
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
What is Section 1782 and how is it used in International Arbitration? In international arbitrations, the parties’ ability to obtain documents and testimony from the opposition is often limited....more
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
The Supreme Court granted a petition for a writ of certorari in Servotronics Inc. v. Rolls Royce PLC et al, No. 19-1847, 2020 WL 5640466 (7th Cir. Sept. 22, 2020) and will have the opportunity to resolve an important...more
Seeking discovery in the United States in aid of a proceeding before a foreign or international tribunal is a useful and unique tool available under 28 U.S.C. § 1782. This statute provides that any “interested person” may...more
On March 22, 2021, the United States Supreme Court granted certiorari in Servotronics Inc. v. Rolls-Royce PLC, No. 20-794, to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”)...more
In a highly anticipated decision, the U.S. Supreme Court has granted certiorari in Servotronics, Inc. v. Rolls-Royce PLC, et al. and agreed to address the question of whether federal courts may authorize discovery pursuant to...more