Discovery in Aid of Foreign Arbitration Proceedings Unfairly Imposes Tremendous Costs on U.S. Companies

Abstract

By the time this article is published, the Supreme Court will have heard March 23 arguments in two consolidated cases involving the application of 28 U.S.C. § 1782: ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21‐401 (U.S. Supreme Court docket page, with the parties’ and amicus briefs available at https://bit.ly/3EW1FOp), and AlixPartners, LLC v. Fund for Protection of Investor Rights in Foreign States, No. 21‐518 (original docket filings available at https://bit.ly/3JDufYD, but the case has been consolidated at the ZF Automotive docket page linked above as of the Dec. 10 cert grants).