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.