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On June 13, 2022, the U.S. Supreme Court unanimously ruled in ZF Automotive US, Inc. v. Luxshare, Ltd., 21-401, 2022 WL 2111355 (U.S. June 13, 2022) that U.S. discovery cannot be ordered under 28 USC § 1782...
Until now, U.S. participants in international arbitration could face U.S.-style discovery; they may have to produce documents, face depositions though not in court. That changed with Supreme Court decision, law does not apply to private international arbitration.
Supreme Court weighed in on June 13, 2022, in a unanimous decision that neither commercial nor ad hoc investor-state arbitration cases fall within the scope of Section 1782 because they do not qualify as a “foreign or international tribunal.
Until now, U.S. participants in international arbitration could face U.S.-style discovery; they may have to produce documents, face depositions though not in court. That changed with Supreme Court decision, law does not apply to private international arbitration.
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,”...