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Document Productions Arbitration

McGuireWoods LLP

Do Arbitrations Count as "Litigation" for Work Product Purposes?

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Fed. R. Civ. P. 26(b)(3) extends protection to documents prepared "in anticipation of litigation or for trial." An obvious question presents itself — what counts as "litigation"?...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeal) - June 15 - July 14, 2023

Dorsey & Whitney LLP on

The California Court of Appeal, Fourth District, Division One, issued the following published decision...more

TransPerfect Legal

Why Use Technology in Arbitration for Document Production & Expert Review

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Document production is becoming more common in arbitration today. Reliance on experts and other evidence to build and support a case has been and continues to be inevitable. Time and time again we see spiralling costs because...more

Akin Gump Strauss Hauer & Feld LLP

US Supreme Court Closes the Door on § 1782 Discovery in Aid of Foreign International Arbitrations

In a decision with global arbitral significance, the U.S. Supreme Court has now clarified that § 1782 discovery is not available in support of foreign private international arbitration proceedings. Parties subject to U.S....more

K&L Gates LLP

HUB Talks: Arbitration World: U.S. Supreme Court Set to Decide Section 1782 Circuit Split

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In this episode, partners Lindsay Bishop, Carolyn Branthoover, and Jackie Celender, along with associate John Gavin, discuss the recent oral argument heard by the Supreme Court concerning a circuit split over two consolidated...more

Proskauer - Minding Your Business

Discovery Unlimited: The Supreme Court Set to Rule on Whether Parties to a Foreign Arbitration Can Order U.S. Discovery

The United States Supreme Court is finally set to resolve a Circuit split regarding whether district courts can order discovery for private commercial arbitrations abroad pursuant to 28 U.S.C. § 1782.  The Court granted...more

Kilpatrick

What can companies do to protect themselves from U.S. style discovery creeping into their international disputes in light of the...

Kilpatrick on

International arbitration is popular for resolving construction disputes. The merits of using arbitration can be numerous, including (1) avoiding potentially biased foreign courts, (2) having a meaningful say in who hears...more

Proskauer - Minding Your Business

ICC Expands Automatic Application of Expedited Procedure

ICC arbitrations based on agreements entered into in 2021 and beyond will follow an expedited procedure if the amount in dispute is $3 million or less – up from the previous $2 million or less....more

McGlinchey Stafford

Are My Claims Subject To Binding Arbitration?

McGlinchey Stafford on

Loss Mitigation Review Under RESPA Hurst v. Caliber Home Loans, Inc., N.D.Ohio No. 5:19-cv-00315, 2021 U.S. Dist. LEXIS 51849 (Mar. 19, 2021) In this matter, the Northern District of Ohio held that a loan servicer did...more

Orrick, Herrington & Sutcliffe LLP

The Revision of the IBA Rules on the Taking of Evidence in International Arbitration: Catching Up With Reality

On 15 February 2021, the International Bar Association (the IBA) released its updated Rules on the Taking of Evidence in International Arbitration (the IBA Rules or the Rules).  The updated Rules were adopted on 17 December...more

Carlton Fields

Seventh Circuit Adds to Circuit Split, Holds Section 1782 Does Not Authorize Federal Courts to Compel Discovery for Use in Private...

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On a question of first impression in the Seventh Circuit regarding whether U.S. law allows federal courts to compel discovery for use in a private foreign arbitration, the Seventh Circuit joins the Second and Fifth Circuits...more

Association of Certified E-Discovery...

[Webinar] Arbitrations Are on the Rise: What Does This Mean for eDiscovery Practitioners in the UK? - September 9th, 12:00 pm -...

During this webinar we will discuss - 1. Why are we seeing a growing rise in international arbitrations? 2. Should arbitration be used instead of litigation? 3. How does the London market stand to capture the...more

Carlton Fields

SDNY Grants 28 U.S.C. § 1782 Application for Discovery in Dispute Involving Republic of Lithuania

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The applicant sought to require documents and deposition testimony from an individual located in, and a corporation headquartered in, New York for use in an international arbitration initiated against the Republic of...more

Jones Day

Second Circuit Holds Section 1782 Discovery Off Limits In Private International Arbitrations - Parties need to consider if the...

Jones Day on

Interpreting a key statutory provision for cross-border discovery, on July 8, 2020, the Second Circuit held that parties to a private international arbitration cannot obtain discovery in the United States in aid of that...more

Miller Canfield

A Non-Party to An Arbitration Can Be Compelled to Give Testimony and Produce Documents

Miller Canfield on

Can a court compel you to give testimony and produce documents in an arbitration where you are not even a party? In the United States, the answer is yes....more

Sheppard Mullin Richter & Hampton LLP

Rolls-Royce Seeks to Resolve Circuit Split on Whether District Courts Can Order Discovery For Use in Private Arbitration

As discussed in our previous blog, many foreign companies favor private international arbitration for dispute resolution purposes in order to avoid being haled into a U.S. court and to avoid U.S.-style discovery. That...more

Mintz - Arbitration, Mediation, ADR...

Another Federal Court (in the Ninth Circuit) Holds That 28 U.S.C. § 1782 Applies With Respect To Foreign Private Arbitrations

A federal court in the Northern District of California has adopted the reasoning and conclusion of a recent Sixth Circuit decision in holding that 28 U.S.C. § 1782 applies with respect to private foreign/international...more

Association of Certified E-Discovery...

[Event] ACEDS NY Metro Chapter: Data Protection in International Dispute Resolution - February 27th, New York, NY

Data protection regulations have upended document disclosure in litigation and arbitration. In response, an ICCA-IBA Joint Task Force on Data Protection is unveiling a Draft Roadmap to Data Protection in International...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

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

White & Case LLP

The ADGM Arbitration Guidelines: bridging the procedural divide between civil and common law arbitrations

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On 17 September 2019, the Abu Dhabi Global Market (ADGM) Arbitration Centre launched the ADGM Arbitration Guidelines. The ADGM Arbitration Guidelines have been developed to provide end-users of arbitration, practitioners, and...more

Bracewell LLP

Broad U.S. Discovery Now Available in Foreign Arbitrations

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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

Bennett Jones LLP

Legal Privilege, Email and the Continuum of Communication

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Solicitor-client privilege extends not only to legal advice provided directly to a client, but to the whole "continuum of communications" in which the advice is given, the Alberta Court of Queen's Bench recently confirmed in...more

Bennett Jones LLP

Confidential Arbitrations Are Not Always Confidential

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In its recent decision, Flock Estate v Flock, 2019 ABCA 194, the Alberta Court of Appeal considered the extent to which evidence and submissions proffered in an arbitration might be admissible in a related court proceeding....more

Carlton Fields

Court Enforces Arbitration Subpoena Against Third-Party Walgreens in Pharmaceutical Drug Overcharge Dispute

Carlton Fields on

The plaintiff in the underlying arbitration (Health Options) served a third-party subpoena on Walgreens to attend a hearing and produce documents concerning the prices it charged for pharmaceuticals to Navitus that Health...more

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