Justices curtail ability to get discovery in U.S. court for use in international arbitrations

Justices curtail ability to get discovery in U.S. court for use in international arbitrations

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In a decision that was much anticipated in the international business community, the Supreme Court on Monday clarified the scope of 28 U.S.C. § 1782, which allows an interested party to obtain discovery in the United States “for use in a proceeding in a foreign or international tribunal.” The court unanimously held in ZF Automotive US, Inc. v. Luxshare, Ltd. and AlixPartners, LLP v. Fund for Protection of Investors’ Rights in Foreign States that only a governmental or intergovernmental … Read the rest