Update on a Powerful Tool in the Pursuit of Evidence in International Arbitration -

Court of Appeal Decisions on Title 28 of the US Code § 1782 -

Introduction -

In our January 2020 newsletter, we examined Title 28 of the United States S (“US”) Code § 1782 (“§ 1782”) and how it has always been a powerful tool in the pursuit of evidence located in the US for use in foreign proceedings, and it has been well understood for some time that § 1782 can be used in support of proceedings before foreign courts.

The newsletter focused on judgments handed down in the US Courts of Appeals for the Second and Sixth Circuits in September and October 2019. Amongst other findings, the Second Circuit held that a district court is not categorically barred from allowing discovery under § 1782 of evidence located abroad, and a key finding of the Sixth Circuit was that a DIFC-LCIA arbitration was a proceeding in aid of which § 1782 discovery could be employed.