Topic: Discovery

US court bars discovery for ICSID case

A US court has vacated discovery orders granted in aid of an investment treaty claim against Malta – dashing hopes that ICSID cases might have escaped the scope of a recent US Supreme Court prohibition against discovery for foreign arbitrations.

02 November 2022

Shell and Gazprom chased over LNG storage award

The operator of an LNG storage facility in Mexico has asked a US court for leave to subpoena affiliates of Shell and Gazprom in aid of efforts to enforce a now-public ICC award worth more than US$600 million.

31 August 2022

US Supreme Court restricts discovery in foreign arbitrations

The US Supreme Court has issued a landmark ruling that parties cannot seek discovery for foreign commercial and investor-state arbitration in federal courts – bringing an end to a long-standing circuit split.

13 June 2022

Austrian pharma group’s award partially enforced

A US court has partially enforced an ICC award won by an Austrian pharmaceuticals company against its Taiwanese partner after a €142 million order for damages was set aside in Germany.

22 March 2022

US courts halt discovery against Ukraine

Two US district courts have agreed to suspend discovery proceedings brought by a Russian oil company seeking to collect on a US$173 million treaty award against Ukraine – after both sides requested a stay in light of Russia’s invasion of the country.

09 March 2022

LCIA award surfaces in Russian bank fraud case

Sons of a prominent Russian businessman took part in a “dishonest scheme” with a bank executive to replace US$500 million worth of secured loans with “unmarketable” bonds, according to a now-public LCIA award.

22 February 2022

Nigeria revives discovery bids in US and BVI

Nigeria has overturned orders in the courts of the US and British Virgin Islands that blocked it from obtaining discovery to support its allegations that a gas company procured a US$10 billion award against the state through fraud.

08 February 2022

Austrian pharma company alleges arbitral fraud

An Austrian pharmaceuticals company has asked a US court to grant discovery to support criminal allegations that its Taiwanese partner has made fraudulent statements in two ICC arbitrations arising from a multibillion-euro dispute over a blood cancer drug.

20 January 2022

US Supreme Court will decide discovery question

The US Supreme Court is to rule on the availability of discovery for foreign commercial and investor-state arbitration at long last, after an earlier appeal addressing the issue was discontinued.

14 December 2021

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

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