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Today’s DIScussion On ZF Automotive
I participated in a panel discussion today of the ZF Automotive case at the DIS, the German Arbitration Institute. It was a pleasure to get to exchange ideas with my colleagues on the panel, Derek Adler of Hughes Hubbard & Reed and Barbara Maucher of Noerr. I was assigned the role of explaining reasons why……
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Upcoming Event: “International Arbitration and US Discovery after Luxshare v. ZF?” at the DIS
Readers, the German Arbitration Institute, the DIS, is hosting an online discussion titled “International Arbitration and US Discovery after Luxshare v. ZF?” The panelists are Dr. Barbara Maucher of Noerr, Derek Adler of Hughes Hubbard & Reed, and me. Friend of Letters Blogatory Peter Bert, of Taylor Wessing, will moderate the discussion. The conversation will……
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Case of the Day: ZF Automotive v. Luxshare
The case of the day is ZF Automotive US, Inc. v. Luxshare, Ltd. (S. Ct. 2022). This is the big Section 1782 decision we all have been waiting for, which asks—and answers!—whether foreign arbitrations are proceedings before “foreign or international tribunals,” and therefore whether parties can obtain discovery in the US for use in foreign……
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Case of the Day: CPC Patent Technologies v. Apple
The case of the day is CPC Patent Technologies Pty. Ltd. v. Apple, Inc. (9th Cir. 2022). The case settles an unsexy but important procedural question in Section 1782 practice in the Ninth Circuit, one that I’ve discussed several times before, most notably here. What authority does a magistrate judge have to decide applications under……
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Article of the Day: Eric Sherby, “Is an Arbitrator a ‘Tribunal’ Under Section 1782? The FAA Red Herring”
I’m happy to welcome friend of Letters Blogatory Eric Sherby, a well-known Israeli lawyer specializing in international litigation and arbitration, who argues in today’s post that it’s a mistake to worry about the possibility that parties to foreign arbitrations might have more rights to take US discovery than parties to domestic arbitrations if the Supreme……