The team at Crowell Moring cover the Supreme Court case Servotronics v. Rolls-Royce PLC and Boeing. Unfortunately, whilst the case was highly anticipated, the situation remains murky and very much unresolved.

As the authors say, “in a disappointment to practitioners and courts alike, the petitioner in Servotronics stipulated to the dismissal of its petition ahead of scheduled oral arguments, leaving the issue unresolved and forcing parties to continue navigating disparate jurisdictions.”

This means the situation remains the same - uncertain. It also means the availability of U.S. discovery to aid in private international arbitrations remains very unclear. This means parties will need to tread carefully when considering what evidence will be available to them during the proceedings. I will keep you updated on this as it continues to be a source of interest to me.