Since the U.S. Supreme Court (SCOTUS) issued its June 2022 critical decision in AlixParters, LLP v. Fund for Prot. of Investors’ Rights in Foreign States, private parties have been foreclosed from petitioning federal courts...more
On June 13, the Supreme Court unanimously held that parties engaged in private, commercial arbitrations, as well as at least some investor-state arbitrations, seated abroad cannot obtain discovery in the United States under...more
On December 7, the Supreme Court received a request to decide whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a) (Section 1782) to obtain discovery through U.S....more
This is an update to our article “Supreme Court May Decide if Litigants Can Conduct U.S. Discovery for Private International Arbitrations,” published on July 7, 2020. The next day, July 8, the Second Circuit upheld its 1999...more
While discovery, especially document discovery, is increasingly a feature in complex international commercial arbitrations, it is almost never as broad as discovery permitted by U.S. law and procedure. Indeed, when global...more