9th Circuit Weighs Challenge To Discovery Ordered For Private Chinese Arbitration

Mealey's (September 18, 2020, 12:40 PM EDT) -- SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel on Sept. 14 heard arguments over whether Congress intended discovery for use in foreign proceedings to be allowed for a private arbitration, an issue that is currently the subject of a circuit split, and asked counsel if it can still resolve the appeal given that the original underlying arbitration in China has concluded and discovery is now sought for a new arbitral proceeding between the same parties (HRC-Hainan Holding Company, LLC, et al. v. Yihan Hu, et al., No. 20-15371, 9th Cir.)....