ZF AUTOMOTIVE V. LUXSHARE: THE SUPREME COURT'S NEW GLOSS ON 28 U.S. CODE § 1782 AND WHAT IT MEANS FOR INTERNATIONAL COMMERCIAL ARBITRATION.

The federal statute 28 U.S.C. § 1782 ("Section 1782") allows litigants in foreign proceedings to obtain discovery in the United States, under the broad US discovery rules, for use in such proceedings. Although Section 1782's use by parties to foreign proceedings has been expanding, there was a split in authority regarding whether the statute was broad enough to permit United States' courts to authorize discovery for use in private arbitration proceedings overseas. Certain Circuit Courts of Appeals held that it was broad enough to cover private arbitrations, while some other Circuits held that the statute does not extend to private arbitrations. On June 13, 2022, the U.S. Supreme Court resolved the split and sided with those courts that held that the statute does not extend to private arbitration proceedings overseas. The Court's decision not only resolves an important circuit split but provides guidance to courts going forward about how to distinguish "foreign and international tribunals" from private tribunals for the purposes of the application of Section 1782. The Court's decision also narrows the broad scope of Section 1782 by limiting the types of proceedings to which it applies. This Comment will attempt to discern the true rationale behind the Court's decision and its implications for international commercial and investment arbitration. In doing so, this comment analyzes the Circuit split, how it has been resolved by the Supreme Court, and which Circuit Courts the Supreme Court sided with. [ABSTRACT FROM AUTHOR]