For an Order to Take Discovery from The Bank of New York Mellon Corporation pursuant to 28 U.S.C. §1782 in Aid of a Foreign Proceeding. OPINION AND ORDER On April 8, 2020, this Court granted an ex parte application brought by Unión Fenosa Gas, S.A. (“UFG”) to take discovery in aid of a foreign proceeding. 28 U.S.C. §1782. UFG seeks documents and testimony from The Bank of New York Mellon Corporation (“BNY Mellon”) for an anticipated attachment application to be brought in pending proceedings in the Courts of England and Wales against the Arab Republic of Egypt (“Egypt”). Egypt moves to quash or modify the two subpoenas issued to BNY Mellon. It argues that UFG has not satisfied the mandatory criteria for section 1782 relief because the evidence is not “for use” in a foreign proceeding, and, separately, that the Court should exercise its discretion and quash the subpoenas because UFG could have sought discovery in the English courts and the subpoenas are overbroad. In the alternative, Egypt urges that the document subpoena should be modified and the subpoena for testimony should be quashed. While the motion was sub judice, the Hon. Paul A. Engelmayer issued an Order on a similar motion to quash brought by Egypt against UFG in connection with a discovery application directed to the same foreign proceeding. Union Fenosa Gas, S.A. v. The Depository Trust Company, 20 Misc. 188 (PAE) (Order, May 29, 2020) (the “DTC Order”). In that case, UFG sought discovery from the Depository Trust Company (“DTC”) for the same purpose described in the present application. (Id.) Judge Engelmayer concluded that UFG had satisfied the “for use” requirement of section 1782 but modified UFG’s subpoena for documents and quashed its subpoena for live testimony. (See id.) Egypt and UFG have submitted letter-briefs addressing the DTC Order. (Docket # 19, 20.) For the reasons that will be explained, the Court is persuaded by the reasoning of Judge Engelmayer’s Order and adopts much of its reasoning. The Court concludes that UFG has satisfied the mandatory factors required for a section 1782 application. However, its subpoena for documents will be modified and its subpoena for testimony will be quashed. BACKGROUND. The countries of Spain and Egypt are parties to the Agreement on Reciprocal Promotion and Protection of Investments between the Kingdom of Spain and the Arab Republic of Egypt (the “Treaty”). (Sun Dec. 2.) UFG, a Spanish company, asserted that Egypt breached the Treaty by impairing its investments in Egypt. (Id.) On August 31, 2018, a tribunal convened pursuant to the Convention of the Settlement of Investment Disputes between States and Nationals of Other States (the “ICSID Convention”) issued an arbitral award of $2.013 billion in UFG’s favor (the “Award”). (Sun Dec. 2.) The parties’ submissions describe ongoing disputes related to the Award. On November 19, 2018, UFG commenced proceedings in the Commercial Court, Queens Bench Division, of the Courts of England and Wales, through which it seeks to enforce the arbitral award (the “English Proceedings”). (Sun Dec.
2, 4.) On December 19, 2018, the court in the English Proceedings issued an Order that registered the Award and gave it the force of an English judgment. (Walker Dec. Ex. A.) Egypt has contested UFG’s service of that order. (Walker Dec.
