June 13, 2022
The U.S. Supreme Court ruled Monday that U.S. law does not allow federal courts to order discovery for investor-state and private commercial arbitration abroad, a highly anticipated decision that narrows the scope of a foreign discovery statute.
March 23, 2022
The U.S. Supreme Court struggled on Wednesday during oral arguments with how to address concerns that expanding the scope of a foreign discovery statute would overburden federal courts and slow the pace of arbitration, although it did not appear to be completely against the idea.
March 18, 2022
The Supreme Court will tackle a host of arbitration questions when it returns to the bench on Monday for its two-week March argument session, starting with whether circuit courts are giving arbitration clauses "preferential" treatment over other contractual terms and whether U.S. courts can order discovery for use in private commercial arbitration abroad.
March 04, 2022
A group of arbitration scholars and practitioners is urging the U.S. Supreme Court to conclude that U.S. law allows federal courts to order discovery for private commercial arbitration abroad, saying Congress specifically meant to include such proceedings within the law's scope.
February 02, 2022
The U.S. Supreme Court is being pressed by the Biden administration and other interested parties to narrow the scope of a statute that allows federal courts to order discovery for certain foreign proceedings, with a common theme being the additional burden on those being targeted.
December 10, 2021
The U.S. Supreme Court is set to resolve a 3-2 circuit split over whether district courts can order discovery for private commercial arbitration abroad, on Friday taking up the question for a second time after another case raising the same question was abruptly abandoned earlier this year.
November 01, 2021
Auto parts maker ZF Group argued Monday that a Hong Kong electronics manufacturer seeking information for use in a billion-dollar arbitration in Germany "does not seriously deny" that the U.S. Supreme Court must finally decide the reach of a federal statute granting foreign discovery in certain circumstances.
October 27, 2021
The U.S. Supreme Court on Wednesday stayed an order obligating an American unit of auto parts maker ZF Group to turn over information for use in a billion-dollar arbitration in Germany, in a case that has raised a question of significant interest to international arbitration practitioners.
October 25, 2021
German auto parts maker ZF Group is pressing the U.S. Supreme Court to resolve a 3-2 split among federal appeals courts on whether district courts can order discovery for private commercial arbitration abroad, pointing to the "obvious and wide-ranging importance" of the issue.
October 14, 2021
The Sixth Circuit has declined to stay an order obligating a U.S. subsidiary of German auto parts maker ZF Group to turn over information for a billion-dollar arbitration in Germany involving a Hong Kong electronics manufacturer, despite a pending petition before the U.S. Supreme Court.