In ZF Automotive U.S., Inc. v. Luxshare, Ltd., the U.S. Supreme Court unanimously determined that 28 U.S.C. § 1782 - a U.S. statute that allows participants in a “proceeding in a foreign or international tribunal” to discover...more
6/15/2022
/ 28 U.S.C. § 1782 ,
Arbitration ,
Business Litigation ,
Commercial Arbitration ,
Discovery ,
Evidence ,
Foreign Jurisdictions ,
Foreign Tribunals ,
Forum ,
International Arbitration ,
International Litigation ,
Investor-State Arbitration ,
SCOTUS
Access to U.S.-style discovery under 28 U.S.C. Section 1782 in aid of a private, foreign arbitration has long been one of the most contentious areas of dispute under the statute. Until 2004, the law was fairly settled:...more
In Case Del Caffe Vergnano SPA v. ItalFlavors, LLC, the Ninth Circuit held that the court, not an arbitration tribunal, could review a franchise contract and determine it was a sham, based upon a second contract signed...more