Prof. Tamar Meshel submits amicus brief to US Supreme Court

Meshel offers expertise in international commercial arbitration

Lauren Bannon - 09 March 2022

University of Alberta Faculty of Law Assistant Professor Tamar Meshel has submitted an amicus brief to the United States Supreme Court in the case of ZF Automotive US, Inc., et al. v. Luxshare, Ltd.

An amicus brief — also called amicus curiae — is a document that provides expertise and insight regarding an aspect of a court case that might be useful in the proceedings. The expert who submits an amicus brief must not be a party to the case.

“The question before the United States Supreme Court in this case is very important to the proper functioning of international commercial arbitration, which is one of my main areas of research,” said Meshel. “It was therefore important to me to try and bring to the Court's attention a comparative perspective on this issue.”

The case concerns the availability of judicial assistance from American courts to foreign-seated international commercial arbitral tribunals in gathering evidence located in the United States.

In the brief, Meshel argues that such judicial assistance should be granted, subject to criteria set out by the Supreme Court. The argument is based on international comity considerations, examining similar laws in other jurisdictions.

The brief builds on Meshel's article “Discovery Under § 1782 in International Commercial Arbitration: Recent Developments From A ‎Comparative Perspective” which was published earlier this year in The International Lawyer.

Meshel wrote the brief with the assistance of attorneys Lisa Bohl and Robert Kry of MoloLamken LLP. The brief was joined by Professors Crina Baltag (Stockholm), Fabien Gélinas (McGill), and Janet Walker (Osgoode Hall).