United States Supreme Court Poised to Render a Decision Concerning the Applicability of 28 USC § 1782 to Private Commercial Arbitration

The U.S. Supreme Court appears ready to finally issue a decision about the applicability of 28 USC § 1782 to private commercial arbitration. The Court granted certiorari regarding a petition submitted for a Michigan federal court’s decision concerning 1782 and private commercial arbitration (ZF Automotive US, Inc., et al., v. Luxshare, Ltd., Docket No. 21-401 ). The Court is consolidating this case with AlixPartners, LLC, et al., v. The Fund for Protection of Investor Rights in Foreign States, (Docket No. 21-518), a Second Circuit case regarding the applicability of 1782 to private and investment arbitration. We look forward to keeping our clients and colleagues updated on the status of these cases. Stuart Krause and Daniel Rubel recently co-authored an article featured on Dun's 100, which summarizes the current status of the applicability of 1782 to private commercial arbitration. READ ARTICLE

28 USC § 1782 (“1782” or “1782 Proceeding”) provides a straight-forward legal mechanism for a party who has an interest in a foreign proceeding, such as a litigation or governmental investigation, to make an application to the US federal district courts to obtain discovery from a US person or entity, which discovery will be used in the foreign proceeding.

Stuart Krause is the executive partner of ZEK and chair of ZEK’s high stakes litigation practice. Stu has over 35 years of experience in complex fraud, financial, and commercial litigation and is litigation counsel to large international corporations and Fortune 500 companies. Stu is skilled in fighting huge, fiercely contested, and logistically demanding litigation. His approach, which includes a price advantage and right-size staffing structure, enables Stu and his ZEK team to offer medium size companies facing “bet the company” or other significant litigation the ability to see such cases to trial in a cost-effective manner. Stu has considerable experience in working with clients in 1782 proceedings. For questions regarding this article, please contact Stu at

Attorney Stuart A. Krause

Daniel Rubel is a partner in ZEK’s litigation group and co-head of ZEK’s Israel practice where ZEK provides U.S. legal services to Israeli and other foreign clients. Daniel has a wide variety of experience in representing clients in complex U.S. commercial litigation matters including high stakes litigation related to banking, corporate, employment, real estate and trust disputes. Daniel is the co-founder of ZEK’s practice group in 28 USC § 1782 (“1782”) and Discovery in Foreign Proceedings. Daniel also has extensive experience representing clients in 1782 proceedings. For questions regarding this article, please contact Daniel at

Attorney Daniel P. Rubel