Topic: Discovery

US discovery question may be resolved after all

Hopes that the US Supreme Court might soon rule on the availability of discovery for foreign commercial arbitration have been revived thanks to a petition by a German-owned car parts company in a dispute over a billion-dollar M&A.

23 September 2021

US discovery saga a damp squib

A New York electronics supplier has said it will withdraw a US Supreme Court petition over the availability of discovery for foreign commercial arbitrations – dashing practitioners’ hopes that a growing circuit split on the issue would soon be resolved.

09 September 2021

Bank owner targets consultant in Maltese corruption claim

The Chinese owner of a collapsed bank has applied to a US court for discovery from a European Central Bank supervisory board member in aid of corruption allegations it is making in an ICSID claim against Malta.

01 September 2021

Sierra Leoneans seek discovery from Steinmetz group

Sierra Leonean citizens pursuing an environmental class action against subsidiaries of Beny Steinmetz’s BSG Resources have asked a US court for discovery from the Guernsey mining company and its bankruptcy administrators.

25 August 2021

Jones Day renews discovery bid in Bühler dispute

Jones Day has once again asked a US court to force Orrick Herrington & Sutcliffe to testify in a JAMS claim it is bringing against former partner Michael Bühler, whose move between the firms led to an arbitrator being replaced in an ICC case and an ensuing dispute over fees.

06 August 2021

Discovery order for Baltic treaty claim upheld

A US appeals court has upheld an order requiring consulting firm AlixPartners and its CEO to produce evidence in aid of a Russian fund’s investment treaty claim against Lithuania – concluding that the arbitration is a proceeding before a foreign tribunal for the purposes of US discovery law.

16 July 2021

US government calls for curbs on discovery

The US Department of Justice has argued that a statute allowing US courts to order discovery for use before foreign tribunals should not extend to private commercial arbitration or investor-state arbitration.

30 June 2021

DC court grants discovery for DIFC-LCIA case

As the US Supreme Court receives amicus briefs on whether US law permits discovery in aid of foreign commercial arbitrations, a court in Washington, DC, has found that a DIFC-LCIA proceeding qualifies for such assistance because the institution is “state-sponsored”.

14 May 2021

Funder targets Crowell partner in fight over Pakistan award

A Cayman hedge fund that helped to finance an arbitration against Pakistan has sought leave to subpoena a partner at Crowell & Moring who acted in the case, amid a dispute over more than US$28 million in award proceeds.

26 April 2021

Eyewear maker can’t get look at covid docs

A Dutch appeal court has refused to allow French-Italian eyewear maker EssilorLuxottica to obtain discovery in a dispute over a €5.5 billion takeover disrupted by the covid-19 pandemic.

08 April 2021

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