On June 17, 2024, Michael Morkin, Adam Weg, and Benjamin Paull published, “Foreign Discovery Insights 2 Years After ZF Automotive” in Law360. The following is an excerpt:
Federal district courts are authorized under Title 28 of the U.S. Code, Section 1782, to assist foreign and international tribunals, along with interested persons, in gathering evidence "for use in a proceeding in a foreign or international tribunal."[1]
Two years ago, in ZF Automotive US Inc. v. Luxshare Ltd., the U.S. Supreme Court held that Section 1782 only authorizes discovery when the foreign tribunal is a "governmental or intergovernmental adjudicative body," and that any private arbitral panel that is not "imbued with governmental authority" does not qualify.[2]
Now, parties to international arbitrations and U.S.-based discovery targets alike need to consider how litigants may obtain and litigate the scope of Section 1782 discovery after ZF Automotive.
Click here to access the article.