- Corporate
US Supreme Court prohibits 28 U.S.C. § 1782 discovery for most international arbitrations
This newsletter recaps the US Supreme Court’s landmark ruling on 13 June 2022, by which the court’s nine Justices unanimously dismissed applications for discovery under 28 U.S.C. § 1782 in support of international arbitrations (“§ 1782 discovery”). Japanese companies may wonder how the Supreme Court’s decision may be relevant to them. In broad terms, discovery under US law is a tool by which a party in a US litigation may compel an opposing or third party to produce certain relevant evidence. Discovery can be lengthy and costly. Thus, companies from non-US jurisdictions, particularly civil law jurisdictions such as Japan, often are wary of agreeing to US court jurisdiction in their contractual relationships. Also, foreign companies have to be aware that ...To read the full article, please see the PDF file
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Corporate Newsletter (July 12, 2022) (333 KB / 5 pages)
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Authors
Having worked in many different jurisdictions, including in Germany, London, Paris, and Washington D.C., Anne-Marie regularly advises corporations and governments on investor-state and commercial disputes, as well as related negotiations. She is dual-qualified (Germany/England & Wales) and comes from a trilingual background. Prior to joining Nishimura & Asahi, Anne-Marie worked at Freshfields Bruckhaus Deringer LLP from 2014 to 2018.
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Lars’ practice is focused on commercial and investment arbitration. He has particular expertise in contentious proceedings involving post-M&A, commercial, manufacturing, construction, and distribution matters, in areas such as life sciences, automotive, and energy. Lars also deals with cases involving governments, and has advised foreign investors and sovereign states on issues of foreign direct investment and public international law, including related negotiations and investor-state disputes. He has been involved in more than 50 international arbitrations as counsel and arbitrator under the arbitration rules of institutions such as the ICC, DIS, SAC, NAI, ICDR, KCAB, JCAA, SIAC, and ICSID, as well as under the UNCITRAL Rules.