Arbitration, Discovery: SCOTUS Rules Federal Courts Can't Grant US Discovery For Arbitration Outside US

Foreign Arbitration Panels Are Not A "Foreign Or International Tribunal".

        A district court can order the production of evidence “for use in a proceeding in a foreign or international tribunal.” 28 U.S.C.  § 1782(a). The United States Supreme Court, in a unanimous decision authored by Justice Amy Coney Barrett, holds that a foreign arbitration panel outside the US is not a "proceeding in a foreign or international tribunal." Therefore, the district court cannot order the production of evidence. ZF Automotive US , Inc. v. Luxshare, Ltd, No. 21-401, together with No. 21–518, AlixPartners, LLP, et al. v. Fund for Protection of Investors’ Rights in Foreign States,  (S. Ct. 6/13/22).

        COMMENT: Limitations on discovery should be considered when agreeing to arbitrate (assuming one has a choice).