Topic: Discovery
ICSID panel orders Huawei to disclose Swedish contracts
An ICSID tribunal hearing Huawei’s claim against Sweden over its exclusion from the rollout of 5G has ordered the Chinese group to produce unredacted versions of its contracts with mobile network operators in the country.
25 August 2023
Asian semiconductor companies settle IP dispute
A Japanese supplier of semiconductor test equipment has secured a US$20 million settlement of a JAMS dispute with a Singapore rival – months after a California court found the arbitrator overstepped his authority by issuing discovery subpoenas against non-parties.
09 August 2023
Webuild files US appeal over discovery for ICSID case
Italian construction group Webuild has asked a US appeals court to reinstate orders allowing it to obtain discovery for a US$2.2 billion investment treaty dispute with Panama – arguing that the US Supreme Court’s recent prohibition of discovery for foreign arbitrations does not extend to ICSID cases.
04 May 2023
Iraqi state entity faces US discovery bid
A Dutch salvage company is seeking US discovery from seven banks as it tries to enforce an ICC award worth US$107 million against an Iraqi state oil company.
27 March 2023
Kurdistan mobile operator gets US discovery from Dechert
A mobile operator in Iraqi Kurdistan has won a US court order requiring Dechert to turn over documents for use in a US$1 billion ICC arbitration with an Orange subsidiary over an alleged fraud.
10 March 2023
US court overturns ICSID discovery order
A US court has vacated discovery orders won by an Italian construction group in aid of a US$2.2 billion investment treaty dispute with Panama – seemingly cementing the position that ICSID cases fall within the scope of a recent US Supreme Court prohibition against discovery for foreign arbitrations.
16 January 2023
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