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AlixPartners, LLP v. Fund for Protection of Investors’ Rights in Foreign States
Consolidated with:
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 21-518 | 2nd Cir. | Not Argued | 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)
- 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)
- Compassionate release, the First Step Act, and jurors on social media (Ellena Erskine, November 5, 2021)
| Date | Proceedings and Orders |
|---|---|
| Oct 05 2021 | Petition for a writ of certiorari filed. (Response due November 8, 2021) |
| Nov 05 2021 | Motion for leave to file amicus brief filed by International Institute for Conflict Prevention & Resolution, Inc. |
| Nov 08 2021 | Waiver of the 14-day waiting period under 15.5 filed. |
| Nov 08 2021 | Brief of respondent The Fund for Protection of Investors' Rights in Foreign States in opposition filed. |
| Nov 15 2021 | Reply of petitioners AlixPartners, LLP, et al. filed. (Distributed) |
| Nov 16 2021 | DISTRIBUTED for Conference of 12/3/2021. |
| Dec 06 2021 | DISTRIBUTED for Conference of 12/10/2021. |
| Dec 10 2021 | Motion for leave to file amicus brief filed by International Institute for Conflict Prevention & Resolution, Inc. GRANTED. |
| Dec 10 2021 | Petition GRANTED. The petition for a writ of certiorari before judgment in No. 21-401 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 26 2022 | Record requested from the U.S.C.A. 2nd Circuit. |
| Jan 27 2022 | The record received from the U.S.C.A. 2nd Circuit has been electronically filed. |
| Jan 28 2022 | ARGUMENT SET FOR Wednesday, March 23, 2022. VIDED. |
| Feb 11 2022 | CIRCULATED |
| 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 |
