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December 10, 2019 | Daily Business Review

Sixth Circuit: Section 1782 Applies to Private Commercial Arbitration

Section 1782 allows foreign litigants to obtain evidence through a federal U.S. district court "for use in a proceeding in a foreign or international tribunal."
4 minute read
December 03, 2019 | New York Law Journal

'ALJ v. FedEx': What Comes Next for §1782?

While the 'ALJ v. FedEx' decision has prompted concern in some corners that U.S.-style discovery will corrupt private international arbitration, the reality is much more nuanced.
10 minute read
November 25, 2019 | New York Law Journal

Introduction to the Restatement of the U.S. Law of International Commercial and Investor-State Arbitration at New York Arbitration Week

What Wednesday's discussion made clear is that the substantial value of the Restatement extends beyond statements of the law themselves to the Reporters' comments that follow and further elucidate them.
6 minute read
November 22, 2019 | New York Law Journal

Section 1782 Applications in International Arbitration and Award Enforcement Proceedings: What Practitioners Need To Know

This article examines the instances in which §1782 can be used in support of both international arbitrations and foreign award enforcement proceedings, as well as its extraterritorial reach.
8 minute read
November 20, 2019 | New York Law Journal

Have the Courts Opened the §1782 Door Wider?

In their International Litigation column, Lawrence W. Newman and David Zaslowsky discuss two recent important circuit court decisions on the topic of §1782 discovery, one holding that the statute can be used in aid of private arbitration and the other holding that the statute can apply to documents located outside the United States.
10 minute read
Law Journal Press | Digital Book Drug and Medical Device Product Liability Deskbook Authors: James M. Beck, Anthony Vale View this Book

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November 08, 2019 | New York Law Journal

It's A Small World After All: The Second Circuit Broadens Discovery in Aid of Foreign Proceedings

The Second Circuit changed course from dicta in an earlier decision and now joins the Eleventh Circuit in allowing U.S. courts to compel extraterritorial discovery in support of foreign proceedings.
8 minute read
October 25, 2019 | New York Law Journal

Sixth Circuit Creates Circuit Split Regarding Whether Discovery in Aid of Private Commercial Arbitration Is Available

The Sixth Circuit's decision likely portends an increase in applications pursuant to §1782 seeking discovery in private foreign commercial arbitrations and raises the prospect of the Supreme Court having to resolve the circuit split.
7 minute read
October 16, 2019 | Law.com

Sixth Circuit Allows Discovery for Foreign and International Arbitrations

A recent U.S. Court of Appeals for the Sixth Circuit decision allowing parties in foreign private arbitrations to obtain discovery in federal district courts has created a circuit split, increasing the likelihood that the U.S. Supreme Court will revisit an issue that it last addressed in 2004.
6 minute read
August 22, 2019 | New York Law Journal

The Limits of Obtaining Discovery From U.S. Persons for Use in Foreign Proceedings

Parties to pending or contemplated foreign proceedings potentially can use 28 U.S.C. §1782 to obtain broad discovery from U.S. persons for use in their foreign proceedings. Courts will deny §1782 discovery, however, if the petitioner fails to establish that it satisfies certain mandatory requirements found in the language of the statute. In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision by U.S. District Judge Jed S. Rakoff denying a petition seeking §1782 discovery for failure to satisfy the statutory requirements.
10 minute read
August 22, 2019 | Legaltech News

The Limits of Obtaining Discovery From U.S. Persons for Use in Foreign Proceedings

In their Southern District Civil Practice Roundup, Edward M. Spiro and Christopher B. Harwood discuss a recent decision by U.S. District Judge Jed S. Rakoff denying a petition seeking §1782 discovery for failure to satisfy the statutory requirements.
10 minute read

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