Supreme Court of the United States · Official docket →
ZF Automotive US, Inc., et al. v. Luxshare, Ltd.
Paid petition · United States Court of Appeals for the Sixth Circuit, No. 21-2736
Decided · June 13, 2022
Pre-decision estimate: 6% cert probability (95% interval 3%–11%)
Before the decision, modestly above the 4.1% base rate. The model weighted this up for a circuit split argued in the petition and a Sixth Circuit decision below, and down for a business respondent.
Question presented
Consolidated with 21-518. The question presented in this case is substantively identical to the question presented in Servotronics, Inc. v. Rolls-Royce PLC, No. 20-794 (oral argument originally scheduled for Oct. 5, 2021; case removed from oral argument calendar Sept. 8, 2021): Whether 28 U.S.C. § 1782(a), which permits litigants to invoke the authority of United States courts to render assistance in gathering evidence for use in "a foreign or international tribunal," encompasses private commercial arbitral tribunals, as the U.S. Courts of Appeals for the Fourth and Sixth Circuits have held, or excludes such tribunals, as the U.S. Courts of Appeals for the Second, Fifth, and Seventh Circuits have held. PETITION FOR WRIT OF CERTIORARI BEFORE JUDGMENT GRANTED.
Counsel of record
For petitioner
Joseph T. Baio
Willkie, Farr & Gallagher LLP
For respondent
Andrew Rhys Davies
Allen and Overy LLP
Case
Conference history
Distributed for 3 conferences
Amicus briefs
12 merits
(8 supporting pet./neither, 4 respondent)
Argument & decision
Argued March 23, 2022 — Roman Martinez · Joseph T. Baio · Edwin S. Kneedler · Andrew R. Dav.... Audio and transcript
Decided June 13, 2022. Opinion by Barrett.
Proceedings
- Jul 15 2022JUDGMENT ISSUED
- Jun 13 2022Judgment REVERSED. Barrett, J., delivered the opinion for a unanimous Court. VIDED.
- Mar 23 2022Argued. 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.
- Mar 11 2022Reply of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 518). (Distributed)
- Mar 11 2022Reply of petitioners ZF Automotive US, Inc., et al. filed (in 21-401). (Distributed)
- Mar 02 2022Brief amici curiae of George A. Bermann, et al. filed. VIDED. (Distributed)
- Mar 02 2022Brief amicus curiae of Federal Arbitration, Inc. filed (in 21-401). (Distributed)
- Mar 01 2022Brief amici curiae of Professors Tamar Meshel, Crina Baltag, Fabien Gélinas, and Janet Walker filed (in 21-401). (Distributed)
- Mar 01 2022Brief amicus curiae of Ashish Virmani filed (in 21-401). (Distributed)
- Feb 28 2022Joint motion for divided argument and for enlargement of time for oral argument filed by the parties GRANTED. VIDED.
- Feb 28 2022Motion 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.
- Feb 23 2022Brief of respondent Luxshare, Ltd. filed (in 21-401). (Distributed)
- Feb 23 2022Brief of respondent The Fund for Protection of Investors' Rights in Foreign States filed (in 21-518). (Distributed)
- Feb 11 2022CIRCIULATED
- Feb 04 2022Joint motion of the parties for divided argument and for enlargement of time for oral argument filed. VIDED.
- Feb 04 2022Motion 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 03 2022Blanket Consent filed by Respondent, The Fund for Protection of Investors' Rights in Foreign States
- Jan 31 2022Brief amicus curiae of United States filed. VIDED.
- Jan 31 2022Brief amicus curiae of International Arbitration Center in Tokyo in support of neither party filed (in 21-401).
- Jan 31 2022Brief amicus curiae of Halliburton Company filed (in 21-401).
- Jan 31 2022Brief amici curiae of Chamber of Commerce of the United States; Business Roundtable filed (in 21-401).
- Jan 31 2022Brief 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 2022Brief amicus curiae of Institute of International Bankers filed. VIDED.
- Jan 31 2022Brief amicus curiae of Professor Yanbai Andrea Wang supporting neither party filed. VIDED.
- Jan 28 2022ARGUMENT SET FOR Wednesday, March 23, 2022. VIDED.
- Jan 28 2022Brief amici curiae of Dr. Xu Guojian, Li Hongji, Zhu Yongrui, Tang Qingyang, and Dr. Zhang Guanglei filed (in 21-401).
- Jan 26 2022Record requested from the U.S.C.A. 6th Circuit.
- Jan 24 2022Joint appendix filed (in 21-401). (Statement of costs filed)
- Jan 24 2022Brief of petitioners ZF Automotive US, Inc., et al. filed (in 21-401).
- Jan 24 2022Joint appendix filed (in 21-518). (Statement of costs filed)
- Jan 24 2022Brief of petitioners AlixPartners, LLP and Mr. Simon Freakley filed (in 21-518).
- Jan 13 2022Blanket Consent filed by Petitioner, ZF Automotive US, Inc., et al.
- Jan 13 2022Blanket Consent filed by Respondent, Luxshare, Ltd.
- Jan 13 2022Blanket Consent filed by Petitioner, AlixPartners, LLP and Mr. Simon Freakley
- Dec 10 2021Petition 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 2021Because 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.”
- Dec 06 2021DISTRIBUTED for Conference of 12/10/2021.
- Nov 16 2021DISTRIBUTED for Conference of 12/3/2021.
- Nov 15 2021Rescheduled.
- Nov 08 2021Supplemental brief of petitioners ZF Automotive US, Inc., et al. filed. (Distributed)
- Nov 02 2021DISTRIBUTED for Conference of 11/19/2021.
- Nov 01 2021Reply of petitioners ZF Automotive US, Inc., et al. filed. (Distributed)
- Oct 27 2021Application (21A80) referred to the Court.
- Oct 27 2021Application (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.
- Oct 22 2021Reply of applicants ZF Automotive US, Inc., et al. filed.
- Oct 21 2021Response to application from respondent Luxshare, Ltd. filed.
- Oct 15 2021Application (21A80) for a stay, submitted to Justice Kavanaugh.
- Oct 15 2021Response to application (21A80) requested by Justice Kavanaugh, due Thursday, October 21, by 4 p.m.
- Oct 14 2021Brief of respondent Luxshare, Ltd. in opposition filed.
- Sep 10 2021Petition for a writ of certiorari before judgment filed. (Response due October 14, 2021)