Originally from Alternatives to the High Cost of Litigation

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By the time this article is published, the Supreme Court will have heard March 23 arguments in two consolidated cases involving the application of 28 U.S.C. § 1782: ZF Automotive US, Inc. v. Luxshare, Ltd., No. 21-401 (U.S. Supreme Court docket page, with the parties’ and amicus briefs available at https://bit.ly/3EW1FOp), and AlixPartners, LLC v. Fund for Protection of Investor Rights in Foreign States, No. 21-518 (original docket filings available at https://bit.ly/3JDufYD, but the case has been consolidated at the ZF Automotive docket page linked above as of the Dec. 10 cert grants).

Section 1782 is the product of years of congressional effort to provide some kind of federal court assistance to foreign tribunals. The statute permits a district court, “upon the application of any interested person,” to order a person within its jurisdiction to “give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal.” 28 U.S.C. § 1782(a) (the full statute available at https://bit.ly/31iQHRs).