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Supreme Court's View On Foreign Discovery Eagerly Awaited

Caroline Simson
March 25, 2021

The U.S. Supreme Court has agreed to consider whether U.S. law allows federal courts to order discovery for private commercial arbitration abroad, potentially resolving a question over the U.S. judiciary's role in private arbitration that has inspired intense debate within the arbitration community.


For "any kind of foreign litigation or arbitration ... that involves transactions in U.S. dollars, there's at least a possibility that there's going to be information in the U.S. and that tends to be attractive," said Lewis Baach Kaufmann Middlemiss PLLC partner A. Katherine Toomey.

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