Alex Lawrence contributed to Mealey's International Arbitration Report, which asked industry experts and leaders for their thoughts on ZF Automotive US, Inc. v. Luxshare, Ltd., in which the U.S. Supreme Court held that Section 1782 discovery is available only for governmentally authorized foreign proceedings, resolving a circuit split and excluding discovery for ad hoc or private commercial arbitrations.
“The Court's decision appears, at least in part, motivated by the fact that the parties opted for and consented to arbitration,” Alex wrote. “The parties could have resolved their dispute before a court, but they chose to arbitrate. Arbitrations are meant to be faster and more efficient, which is often inconsistent with broad and costly U.S.-style discovery. Thus, when they signed up for arbitration, the parties should have known that they were not getting access to U.S. federal courts and broad document discovery and depositions.”
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Originally Published by Mealey's International Arbitration Report
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