Arbitration Scholars Say Foreign Discovery Law Is Broad

By Caroline Simson (March 4, 2022, 7:50 PM EST) -- A group of arbitration scholars and practitioners is urging the U.S. Supreme Court to conclude that U.S. law allows federal courts to order discovery for private commercial arbitration abroad, saying Congress specifically meant to include such proceedings within the law's scope.

The group, which included Columbia Law School professor George A. Bermann, who also directs its Center for International Commercial and Investment Arbitration, told the justices in an amicus brief filed on Wednesday that the Second Circuit wrongly made a distinction between private and treaty-based arbitration when it last decided the issue.

The Supreme Court is set to decide the scope of...

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