McGuireWoods Houston partner
Richard Deutsch, who leads the U.S. division of the firm’s international arbitration
group, and associate
Sarah Holub published a Law360 article titled “6th Circuit Ruling May Weaken Key Benefit of International Arbitration.” The Oct. 4 article detailed implications of a recent decision by the 6th
U.S. Circuit Court of Appeals that expands the breadth of discovery a U.S.
court can order in foreign international arbitrations.
In the article, the lawyers explained that the 6th Circuit’s decision to
break from prior courts’ interpretations of the word “tribunal” may bring
an “influx of litigants embroiled in foreign commercial arbitrations
seeking intervention through the vehicle of Section 1782” of the U.S. Code.
The authors cautioned that “limited discovery and infrequent court
interference in the discovery process have been enduring characteristics of
international arbitration and are often cited as reasons supporting its
efficiency over traditional litigation for international disputes.”
The 6th Circuit’s decision “has already triggered much commentary in legal
publications and will continue to do so as its effect emerges in subsequent
decisions in the other circuits or finalized by the Supreme Court,” they