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May 27, 2022 | New York Law Journal

Recent Second Circuit Decision Underscores §1782's Usefulness

The ruling, though narrow because it applies to a sovereign state's use of §1782, is consistent with the Second Circuit's approach to §1782, and underscores that discovery device's usefulness.
8 minute read
August 03, 2021 | New York Law Journal

Supreme Court To Decide If International Commercial Arbitrations Are 'Foreign or International Tribunals' to Whom U.S. Federal Courts Can Provide Discovery Assistance

In their Arbitration column, Samuel Estreicher, Rex Heinke and Jessica Weisel discuss a case that will be before the U.S. Supreme Court in the October term, 'Servotronics v. Rolls-Royce PLC', which asks the court to resolve a circuit split over the role, if any, that federal courts should play in facilitating discovery in foreign arbitrations. In what looks like a simple matter of statutory interpretation—defining the term "tribunal"—the case may shed new light on how the current court approaches traditional interpretive tools.
8 minute read
December 11, 2020 | New York Law Journal

Recent Trends: Exploring the Limits of Discovery Under 28 U.S.C. §1782

Although discovery in aid of a foreign proceeding under 28 U.S.C. §1782 is often granted with relative ease, recent cases illustrate that such discovery is far from automatic.
8 minute read
November 09, 2020 | New York Law Journal

Second Circuit Stands Its Ground in Construing 28 U.S.C. §1782

  Ever since the Supreme Court in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004) sanctioned a liberal interpretation of 28…
10 minute read
July 20, 2020 | New York Law Journal

Tech May Be Global, But Laws Are Still Local: Limits in International Arbitration

In this technology column on Intellectual Property, Stephen M. Kramarsky discusses how the Second Circuit has clarified discovery limits in international arbitration.
7 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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May 15, 2020 | New York Law Journal

Court-Based Discovery in Aid of International Arbitration

In this Arbitration column, Samuel Estreicher discusses decisions that suggest we are likely to witness resort to discovery through the federal courts in a great many international arbitrations where the individual or entity from which documents or other information is sought has sufficient contacts with the Unites States to satisfy §1782's jurisdictional standards.
5 minute read
April 21, 2020 | Delaware Business Court Insider

Federal Court Ruling Permits Discovery in Aid of CIETAC Proceeding

The U.S. District Court for the Northern District of California has permitted a party in an international commercial arbitration to take depositions and obtain documents from third parties for use in arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing.
9 minute read
April 21, 2020 | The Recorder

Recent US Federal Court Ruling Permits Discovery in Aid of CIETAC Proceeding

The U.S. District Court for the Northern District of California has permitted a party in an international commercial arbitration to take depositions and obtain documents from third parties for use in arbitration administered by the China International Economic and Trade Arbitration Commission (CIETAC) in Beijing.
9 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 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

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