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Supreme Court Rejects “Minimum Contacts” Analysis for Award Enforcement Under the FSIA

On June 5, 2025, the Supreme Court issued its unanimous opinion in CC/Devas (Mauritius) Ltd. et al. v. Antrix Corp. Ltd. et al. (605 U.S. ___ (2025)), holding that personal jurisdiction exists over an enforcement action...more

SDNY Rules Section 1782 Discovery Unavailable for Use in ICSID Arbitration

On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as a “foreign or international tribunal” within the...more

U.S. Supreme Court Will Rule on Whether Section 1782 Discovery is Available for Use in Private Foreign Commercial Arbitrations

In a highly anticipated decision, the U.S. Supreme Court has granted certiorari in Servotronics, Inc. v. Rolls-Royce PLC, et al. and agreed to address the question of whether federal courts may authorize discovery pursuant to...more

Tokyo Dispute Resolution & Crisis Management Newsletter – December 2020

Update on a Powerful Tool in the Pursuit of Evidence in International Arbitration - Court of Appeal Decisions on Title 28 of the US Code § 1782 - Introduction - In our January 2020 newsletter, we examined Title 28...more

Fourth Circuit Allows Discovery in Support of Private Arbitration

On March 30, 2020, the United States Court of Appeals for the Fourth Circuit ruled in Servotronics Inc. v. Boeing Co., 954 F.3d 209 (4th Cir. 2020) that U.S. federal courts may order parties to produce documents and testimony...more

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