Organisation: Rolls-Royce
US Supreme Court restricts discovery in foreign arbitrations
The US Supreme Court has issued a landmark ruling that parties cannot seek discovery for foreign commercial and investor-state arbitration in federal courts – bringing an end to a long-standing circuit split.
13 June 2022
US Supreme Court will decide discovery question
The US Supreme Court is to rule on the availability of discovery for foreign commercial and investor-state arbitration at long last, after an earlier appeal addressing the issue was discontinued.
14 December 2021
US discovery question may be resolved after all
Hopes that the US Supreme Court might soon rule on the availability of discovery for foreign commercial arbitration have been revived thanks to a petition by a German-owned car parts company in a dispute over a billion-dollar M&A.
23 September 2021
US discovery saga a damp squib
A New York electronics supplier has said it will withdraw a US Supreme Court petition over the availability of discovery for foreign commercial arbitrations – dashing practitioners’ hopes that a growing circuit split on the issue would soon be resolved.
09 September 2021
Discovery order for Baltic treaty claim upheld
A US appeals court has upheld an order requiring consulting firm AlixPartners and its CEO to produce evidence in aid of a Russian fund’s investment treaty claim against Lithuania – concluding that the arbitration is a proceeding before a foreign tribunal for the purposes of US discovery law.
16 July 2021
US government calls for curbs on discovery
The US Department of Justice has argued that a statute allowing US courts to order discovery for use before foreign tribunals should not extend to private commercial arbitration or investor-state arbitration.
30 June 2021
DC court grants discovery for DIFC-LCIA case
As the US Supreme Court receives amicus briefs on whether US law permits discovery in aid of foreign commercial arbitrations, a court in Washington, DC, has found that a DIFC-LCIA proceeding qualifies for such assistance because the institution is “state-sponsored”.
14 May 2021
US Supreme Court to rule on scope of discovery
UPDATED: The US Supreme Court has agreed to hear an appeal over whether the country's federal courts can grant discovery in aid of foreign commercial arbitrations – potentially resolving a growing division in US case law.
22 March 2021
US Supreme Court asked to rule on scope of discovery
A New York electronics supplier has asked the US Supreme Court to rule on whether the country's federal courts can grant discovery in aid of foreign commercial arbitrations – and resolve an increasing division in US case law.
08 December 2020
US court split on discovery scope deepens
A US appeals court has refused to allow an electronics supplier to obtain evidence for use in a UK-seated arbitration – deepening a divide in the country’s courts on whether they can grant discovery in aid of foreign commercial arbitrations.
23 September 2020