Article 06 Apr. 2022

Juan Perla and Lise Johnson Publish Article on SCOTUS Cases Involving US-based Discovery in ISDS

The Berkeley Journal of International Law’s online publication, Travaux Blog, has published an article authored by Juan Perla and Lise Johnson in which they analyze potential implications of two pending Supreme Court cases on investor-state dispute settlement (ISDS). These two cases, which were argued in the Supreme Court on March 23, 2022, ask whether foreign or international arbitral tribunals fall within the meaning of 28 U.S.C. § 1782, the statute authorizing a district court to order discovery “for use in a proceeding in a foreign or international tribunal.” In answering this question, the Supreme Court will consider whether and how to take account of the differences between commercial arbitrations and ISDS for purposes of section 1782. Read their analysis here.

Related resources

event

Curtis Attorneys to Teach at the ILI-South African Centre of Excellence and ICSID Joint Programme on Investment Arbitration

View

client alert

The Lindsay Graham Sanctioning Russia and Iran Act of 2026 & its Impact on the Scope of the Executive’s Authority

Read

news

Curtis Recognized in Chambers UK 2027 Guide

Read