Modernizing Foreign Judgments Law
In 1895, the Supreme Court decided Hilton v. Guyot, the foundational case on foreign judgments law. The underlying lawsuit was straightforward. Two American entrepreneurs were sued in Paris by their French business associates in connection with a commercial dispute that occurred in France. When the plaintiffs prevailed, they brought their French money judgment to U.S….
Continue ReadingZF Automotive: Closing a Door, Opening a Window
The Supreme Court’s decision in ZF Automotive US, Inc. v. Luxshare, Ltd. drew a bright line for a statute that is otherwise regulated almost entirely by judicial discretion. In a terse and unanimous opinion, Justice Barrett wrote that Section 1782 does not permit district courts to order discovery for use in private international arbitration. The…
Continue ReadingOral Argument in ZF Automotive Generates More Confusion Than Clarity on the Availability of U.S. Discovery for Use in International Arbitration
Last week, the Supreme Court heard oral arguments in two consolidated cases asking whether U.S.-style discovery under 28 U.S.C. § 1782 is available for use in, respectively, international commercial arbitration and investor-state arbitration. These questions stem from a statutory ambiguity that has caused widespread uncertainty in international arbitration, and it may not be resolvable based on statutory interpretation or congressional intent.
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