News & Analysis as of

Appeals Discovery International Arbitration

Bradley Arant Boult Cummings LLP

Supreme Court Closes the Door to U.S. Discovery in International Commercial Arbitration

The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign” or “international” tribunals...more

Verrill

Domestic Discovery for Foreign Arbitrations? Now Three Circuits Say “No”

Verrill on

Earlier this month I posted a short piece describing a two-to-two circuit split on the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782, which...more

Foley & Lardner LLP

Issue of Applicability of 28 U.S.C. §1782 to Private International Commercial Arbitrations Is Ripe for Supreme Court’s Review...

Foley & Lardner LLP on

On July 8, 2020, the U.S. Court of Appeals for the Second Circuit held that 28 U.S.C. §1782, which affords discretion to U.S. courts to order discovery in the U.S. in connection with foreign proceedings, does not extend to...more

King & Spalding

Second Circuit Denies Discovery in Support of Private Arbitration

King & Spalding on

On July 8, 2020, the United States Court of Appeals for the Second Circuit unanimously ruled in Hanwei Guo v. Deutsche Bank Securities Inc., J.P. Morgan Securities LLC, Merrill Lynch, Pierce, Fenner & Smith Incorporated,...more

Mintz - Arbitration, Mediation, ADR...

28 U.S.C. §1782(a): Second Circuit Reinforces Appeals Court Split Concerning Applicability to Private Commercial Arbitrations

Just as the jurisprudential pendulum appeared to be swinging smoothly in one direction, the Second Circuit declined to get on board and instead pushed back to the future on July 8, 2020 in holding that federal courts may not...more

White and Williams LLP

Parties to Private Commercial Arbitrations Held Overseas May Not Be Able to Utilize US Courts to Obtain Discovery

White and Williams LLP on

The U.S. Court of Appeals for the Second Circuit recently reaffirmed a more than two-decades old decision holding that parties to a private, foreign arbitration proceeding cannot utilize federal courts to compel the...more

Bracewell LLP

Second Circuit Confirms U.S. Discovery Not Available in Private International Arbitrations

Bracewell LLP on

A ripening circuit split over the availability of U.S. discovery in foreign arbitration proceedings took another step toward a possible Supreme Court showdown with the July 8 decision by the United States Court of Appeals for...more

Moore & Van Allen PLLC

28 U.S.C § 1782(a) – Obtaining Information in Aid of International Private Arbitration from U.S. Federal Courts: The Debate Shifts

Servotronics, Inc., v. The Boeing Company, 2020 U.S. App. LEXIS 9872, Case No. 18-2454 (4th Cir. March 30, 2020) (Opinion by Neimeyer, J.) In noteworthy endorsement of international arbitration, in its Servotronics, Inc....more

McDermott Will & Emery

Sixth Circuit Changes Landscape of Discovery in Aid of International Commercial Arbitration

McDermott Will & Emery on

There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more

Holland & Knight LLP

Discovery in International Arbitration: The Ever-Expanding Scope

Holland & Knight LLP on

Two recent U.S. federal appellate court decisions addressing a U.S. statute often used to obtain discovery for use in international arbitration will have a significant impact on the conduct of cross-border dispute resolution....more

Akin Gump Strauss Hauer & Feld LLP

Sixth Circuit Approves Discovery in Aid of Foreign Private Arbitrations

• The 6th Circuit Court of Appeals recently approved the use of 28 U.S.C. 1782(a) to obtain discovery in connection with a commercial arbitration proceeding occurring outside the United States. • The decision establishes a...more

White & Case LLP

Sixth Circuit Permits U.S.-Style Discovery in Aid of International Commercial Arbitration Under Section 28 U.S.C. § 1782

White & Case LLP on

On September 19, 2019, the United States Court of Appeals for the Sixth Circuit rendered a landmark decision which recognized that district courts within the Sixth Circuit can order discovery under 28 U.S.C. § 1782 for use in...more

Morrison & Foerster LLP

U.S. Court of Appeals Makes U.S. Discovery Available in Aid of International Commercial Arbitration

On September 19, 2019, the United States Court of Appeals for the Sixth Circuit, for the first time, ruled that 28 U.S.C. § 1782 (“Section 1782”) permits U.S. discovery in support of a private international commercial...more

Eversheds Sutherland (US) LLP

Sixth Circuit allows discovery in international private arbitration

In an opinion last Thursday, the Sixth Circuit held that a federal district court may order discovery for use in a foreign private arbitration. 28 U.S.C. § 1782(a) authorizes discovery “for use in a proceeding in a foreign or...more

Bracewell LLP

Broad U.S. Discovery Now Available in Foreign Arbitrations

Bracewell LLP on

In a decision that may significantly increase access to domestic discovery in foreign arbitration proceedings, the United States Court of Appeals for the Sixth Circuit ruled on September 19 that courts may order individuals...more

Goodwin

Seven Things You Should Know About Arbitration Clauses

Goodwin on

Arbitration clauses are routinely added to commercial contracts, but often with very little reflection on the many strategic and tactical issues that should be considered. Further, there is a great deal of misunderstanding of...more

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