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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. ....
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.. ....
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. ....