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Expert Analysis

6th Circ. Ruling May Weaken Key Benefit Of Int'l Arbitration

By Richard Deutsch and Sarah Holub ( October 4, 2019, 2:26 PM EDT) -- For some international arbitration purists (also known as "the club," also known as "arbitration snobs"), the U.S. Court of Appeals for the Sixth Circuit opened another chapter in unwelcome U.S. conceit and intrusion by expanding the breadth of discovery a U.S. court can order in foreign arbitration. For offended practitioners and users, only the act of a Higher Power, or at least the U.S. Supreme Court, can avoid the perceived potential damage of the Sixth Circuit's decision in Abdul Latif Jameel Transportation Co. v. FedEx Corp.[1] ...

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