June 17, 2022

The Willkie litigation team was recognized for an important victory at the U.S. Supreme Court that limits the scope of discovery in private foreign or international arbitrations.

The Willkie team was recognized by The AmLaw Litigation Daily for its recent victory at the U.S. Supreme Court on behalf of AlixPartners and its CEO that limits the ability of parties to an arbitration abroad to compel discovery through orders from the federal courts. The article noted that senior counsel Joseph Baio argued the case before the Supreme Court, and highlighted the other team members, including partners Mark Stancil, Charles Cording and Stuart Lombardi, associates Jordan Wall, Richard Li, Samantha Prince and Xiaoli (Lily) Wu, and law clerks William Montemarano and Christina Peck.

The unanimous decision limits the scope of 28 U.S.C. § 1782, a statute that empowers federal district courts to order persons or entities within their jurisdiction to provide testimony and produce documents “for use in a proceeding in a foreign or international tribunal.” The Supreme Court held that a party to a non-governmental proceeding may not seek discovery in the United States for use in that proceeding, even when it involves a foreign sovereign in an arbitration authorized under a bilateral investment treaty between two foreign governments.

Read more about the Supreme Court decision here.

Read The AmLaw Litigation Daily “Litigator of the Week” article here (subscription may be required).

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