6th Circ. Allows Discovery In Commercial Arbitration Abroad

By Caroline Simson (September 20, 2019, 10:00 AM EDT) -- The Sixth Circuit ruled Thursday that federal courts can order parties to turn over evidence for private commercial arbitration abroad in what appears to be a novel ruling among federal appeals courts, handing a win to a Saudi Arabian company in a dispute with FedEx Corp.

The justices concluded that Section 1782 of the U.S. code does allow Abdul Latif Jameel Transportation Co. Ltd. to obtain discovery from FedEx as the two companies pursue arbitration in Dubai over a soured agreement under which the Saudi company was to become FedEx International's delivery services partner in Saudi Arabia.

Section 1782 allows federal...

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