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 23, 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 |
|---|---|
| 09/10/2021 | Petition for a writ of certiorari before judgment filed. (Response due October 14, 2021) |
| 10/14/2021 | Brief of respondent Luxshare, Ltd. in opposition filed. |
| 10/15/2021 | Application (21A80) for a stay, submitted to Justice Kavanaugh. |
| 10/15/2021 | Response to application (21A80) requested by Justice Kavanaugh, due Thursday, October 21, by 4 p.m. |
| 10/21/2021 | Response to application from respondent Luxshare, Ltd. filed. |
| 10/22/2021 | Reply of applicants ZF Automotive US, Inc., et al. filed. |
| 10/27/2021 | Application (21A80) referred to the Court. |
| 10/27/2021 | 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. |
| 11/01/2021 | Reply of petitioners ZF Automotive US, Inc., et al. filed. (Distributed) |
| 11/02/2021 | DISTRIBUTED for Conference of 11/19/2021. |
| 11/08/2021 | Supplemental brief of petitioners ZF Automotive US, Inc., et al. filed. (Distributed) |
| 11/15/2021 | Rescheduled. |
| 11/16/2021 | DISTRIBUTED for Conference of 12/3/2021. |
| 12/06/2021 | DISTRIBUTED for Conference of 12/10/2021. |
| 12/10/2021 | 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. |
| 12/10/2021 | 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.” |
| 01/13/2022 | Blanket Consent filed by Petitioner, ZF Automotive US, Inc., et al. |
| 01/13/2022 | Blanket Consent filed by Respondent, Luxshare, Ltd. |
| 01/13/2022 | Blanket Consent filed by Petitioner, AlixPartners, LLP and Mr. Simon Freakley |
| 01/24/2022 | Joint appendix filed (in 21-401). (Statement of costs filed) |
| 01/24/2022 | Brief of petitioners ZF Automotive US, Inc., et al. filed (in 21-401). |
| 01/24/2022 | Joint appendix filed (in 21-518). (Statement of costs filed) |
| 01/24/2022 | Brief of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 21-518). |
| 01/26/2022 | Record requested from the U.S.C.A. 6th Circuit. |
| 01/28/2022 | ARGUMENT SET FOR Wednesday, March 23, 2022. VIDED. |
| 01/28/2022 | Brief amici curiae of Dr. Xu Guojian, Li Hongji, Zhu Yongrui, Tang Qingyang, and Dr. Zhang Guanglei filed (in 21-401). |
| 01/31/2022 | Brief amicus curiae of United States filed. VIDED. |
| 01/31/2022 | Brief amicus curiae of International Arbitration Center in Tokyo in support of neither party filed (in 21-401). |
| 01/31/2022 | Brief amicus curiae of Halliburton Company filed (in 21-401). |
| 01/31/2022 | Brief amici curiae of Chamber of Commerce of the United States; Business Roundtable filed (in 21-401). |
| 01/31/2022 | 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). |
| 01/31/2022 | Brief amicus curiae of Institute of International Bankers filed. VIDED. |
| 01/31/2022 | Brief amicus curiae of Professor Yanbai Andrea Wang supporting neither party filed. VIDED. |
| 02/03/2022 | Blanket Consent filed by Respondent, The Fund for Protection of Investors' Rights in Foreign States |
| 02/04/2022 | Joint motion of the parties for divided argument and for enlargement of time for oral argument filed. VIDED. |
| 02/04/2022 | 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. |
| 02/11/2022 | CIRCIULATED |
| 02/23/2022 | Brief of respondent Luxshare, Ltd. filed (in 21-401). (Distributed) |
| 02/23/2022 | Brief of respondent The Fund for Protection of Investors' Rights in Foreign States filed (in 21-518). (Distributed) |
| 02/28/2022 | Joint motion for divided argument and for enlargement of time for oral argument filed by the parties GRANTED. VIDED. |
| 02/28/2022 | 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. |
| 03/01/2022 | Brief amici curiae of Professors Tamar Meshel, Crina Baltag, Fabien Gélinas, and Janet Walker filed (in 21-401). (Distributed) |
| 03/01/2022 | Brief amicus curiae of Ashish Virmani filed (in 21-401). (Distributed) |
| 03/02/2022 | Brief amici curiae of George A. Bermann, et al. filed. VIDED. (Distributed) |
| 03/02/2022 | Brief amicus curiae of Federal Arbitration, Inc. filed (in 21-401). (Distributed) |
| 03/11/2022 | Reply of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 518). (Distributed) |
| 03/11/2022 | Reply of petitioners ZF Automotive US, Inc., et al. filed (in 21-401). (Distributed) |
| 03/23/2022 | 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. |
| 06/13/2022 | Judgment REVERSED. Barrett, J., delivered the opinion for a unanimous Court. VIDED. |
| 07/15/2022 | JUDGMENT ISSUED |