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ZF Automotive US, Inc. v. Luxshare, Ltd.
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-401 | E.D. Mich. | Mar 23, 2022 | Jun 13, 2022 | 9-0 | Barrett | OT 2021 |
Holding: Although 28 U.S.C. § 1782(a) permits a district court to order discovery “for use in a proceeding in a foreign or international tribunal,” only a governmental or intergovernmental adjudicative body may qualify as such a tribunal, and the arbitration panels in these cases are not such adjudicative bodies.
Judgment: Reversed, 9-0, in an opinion by Justice Barrett on June 13, 2022.
SCOTUSblog Coverage
- Justices curtail ability to get discovery in U.S. court for use in international arbitrations (Minyao Wang, June 17, 2022)
- Announcement of orders and opinions for Monday, June 13 (complete) (Angie Gou, June 13, 2022)
- In dispute over discovery requests in international arbitration, justices weigh text, comity, academic literature, and their own role (Minyao Wang, April 29, 2022)
- Justices will tackle discovery puzzle with high stakes for international commercial litigation (Minyao Wang, March 22, 2022)
- Court sets quiet March argument calendar (Amy Howe, January 28, 2022)
- Justices agree to take up new cases on arbitration issues and international child custody (Amy Howe, December 10, 2021)
- International child custody, arbitration, dormant commerce clause, and overtime (John Elwood, December 8, 2021)
- International arbitration, McGirt retroactivity, and anti-discrimination laws (Andrew Hamm, October 8, 2021)
| Date | Proceedings and Orders |
|---|---|
| Sep 10 2021 | Petition for a writ of certiorari before judgment filed. (Response due October 14, 2021) |
| Oct 14 2021 | Brief of respondent Luxshare, Ltd. in opposition filed. |
| Oct 15 2021 | Application (21A80) for a stay, submitted to Justice Kavanaugh. |
| Oct 15 2021 | Response to application (21A80) requested by Justice Kavanaugh, due Thursday, October 21, by 4 p.m. |
| Oct 21 2021 | Response to application from respondent Luxshare, Ltd. filed. |
| Oct 22 2021 | Reply of applicants ZF Automotive US, Inc., et al. filed. |
| Oct 27 2021 | Application (21A80) referred to the Court. |
| Oct 27 2021 | Application (21A80) granted by the Court. The application for stay presented to Justice Kavanaugh and by him referred to the Court is granted, and it is ordered that the order of the United States District Court for the Eastern District of Michigan, entered August 17, 2021, is stayed pending the disposition of the petition for a writ of certiorari before judgment. Should the petition for a writ of certiorari before judgment be denied, this stay shall terminate automatically. In the event the petition for a writ of certiorari before judgment is granted, the stay shall terminate upon the sending down of the judgment of this Court. |
| Nov 01 2021 | Reply of petitioners ZF Automotive US, Inc., et al. filed. (Distributed) |
| Nov 02 2021 | DISTRIBUTED for Conference of 11/19/2021. |
| Nov 08 2021 | Supplemental brief of petitioners ZF Automotive US, Inc., et al. filed. (Distributed) |
| Nov 15 2021 | Rescheduled. |
| Nov 16 2021 | DISTRIBUTED for Conference of 12/3/2021. |
| Dec 06 2021 | DISTRIBUTED for Conference of 12/10/2021. |
| Dec 10 2021 | Petition for a writ of certiorari before judgment GRANTED. The motion of International Institute for Conflict Prevention & Resolution, Inc. for leave to file a brief as amicus curiae in No. 21-518 is granted. The petition for a writ of certiorari in No. 21-518 is granted. The cases are consolidated, and a total of one hour is allotted for oral argument. VIDED. |
| Dec 10 2021 | Because the Court has consolidated these cases for briefing and oral argument, future filings and activity in the cases will now be reflected on the docket of No. 21-401. Subsequent filings in these cases must therefore be submitted through the electronic filing system in No. 21-401. Each document submitted in connection with one or more of these cases must include on its cover the case number and caption for each case in which the filing is intended to be submitted. Where a filing is submitted in fewer than all of the cases, the docket entry will reflect the case number(s) in which the filing is submitted; a document filed in all of the consolidated cases will be noted as “VIDED.” |
| Jan 13 2022 | Blanket Consent filed by Petitioner, ZF Automotive US, Inc., et al. |
| Jan 13 2022 | Blanket Consent filed by Respondent, Luxshare, Ltd. |
| Jan 13 2022 | Blanket Consent filed by Petitioner, AlixPartners, LLP and Mr. Simon Freakley |
| Jan 24 2022 | Joint appendix filed (in 21-401). (Statement of costs filed) |
| Jan 24 2022 | Brief of petitioners ZF Automotive US, Inc., et al. filed (in 21-401). |
| Jan 24 2022 | Joint appendix filed (in 21-518). (Statement of costs filed) |
| Jan 24 2022 | Brief of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 21-518). |
| Jan 26 2022 | Record requested from the U.S.C.A. 6th Circuit. |
| Jan 28 2022 | ARGUMENT SET FOR Wednesday, March 23, 2022. VIDED. |
| Jan 28 2022 | Brief amici curiae of Dr. Xu Guojian, Li Hongji, Zhu Yongrui, Tang Qingyang, and Dr. Zhang Guanglei filed (in 21-401). |
| Jan 31 2022 | Brief amicus curiae of United States filed. VIDED. |
| Jan 31 2022 | Brief amicus curiae of International Arbitration Center in Tokyo in support of neither party filed (in 21-401). |
| Jan 31 2022 | Brief amicus curiae of Halliburton Company filed (in 21-401). |
| Jan 31 2022 | Brief amici curiae of Chamber of Commerce of the United States; Business Roundtable filed (in 21-401). |
| Jan 31 2022 | Brief amici curiae of The International Court of Arbitration of the International Chamber of Commerce and the United States Council for International Business supporting neither party filed (in 21-401). |
| Jan 31 2022 | Brief amicus curiae of Institute of International Bankers filed. VIDED. |
| Jan 31 2022 | Brief amicus curiae of Professor Yanbai Andrea Wang supporting neither party filed. VIDED. |
| Feb 03 2022 | Blanket Consent filed by Respondent, The Fund for Protection of Investors' Rights in Foreign States |
| Feb 04 2022 | Joint motion of the parties for divided argument and for enlargement of time for oral argument filed. VIDED. |
| Feb 04 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. VIDED. |
| Feb 11 2022 | CIRCIULATED |
| Feb 23 2022 | Brief of respondent Luxshare, Ltd. filed (in 21-401). (Distributed) |
| Feb 23 2022 | Brief of respondent The Fund for Protection of Investors' Rights in Foreign States filed (in 21-518). (Distributed) |
| Feb 28 2022 | Joint motion for divided argument and for enlargement of time for oral argument filed by the parties GRANTED. VIDED. |
| Feb 28 2022 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. VIDED. |
| Mar 01 2022 | Brief amici curiae of Professors Tamar Meshel, Crina Baltag, Fabien Gélinas, and Janet Walker filed (in 21-401). (Distributed) |
| Mar 01 2022 | Brief amicus curiae of Ashish Virmani filed (in 21-401). (Distributed) |
| Mar 02 2022 | Brief amici curiae of George A. Bermann, et al. filed. VIDED. (Distributed) |
| Mar 02 2022 | Brief amicus curiae of Federal Arbitration, Inc. filed (in 21-401). (Distributed) |
| Mar 11 2022 | Reply of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 518). (Distributed) |
| Mar 11 2022 | Reply of petitioners ZF Automotive US, Inc., et al. filed (in 21-401). (Distributed) |
| Mar 23 2022 | Argued. For petitioners in 21-401: Roman Martinez, Washington, D. C. For petitioners in 21-518: Joseph T. Baio, New York, N. Y. For United States, as amicus curiae, supporting petitioners: Edwin S. Kneedler, Deputy Solicitor General, Department of Justice, Washington, D. C. For respondent in 21-401: Andrew R. Davies, New York, N. Y. For respondent in 21-518: Alexander A. Yanos, New York, N. Y. VIDED. |
| Jun 13 2022 | Judgment REVERSED. Barrett, J., delivered the opinion for a unanimous Court. VIDED. |
| Jul 15 2022 | JUDGMENT ISSUED |
