In Short -
The Situation: Section 1782 of Title 28 of the U.S. Code authorizes U.S. district courts to order discovery "for use in a proceeding in a foreign or international tribunal." Over the last several years, U.S....more
The U.S. Supreme Court has held that 28 U.S.C. § 1782 authorizes discovery to assist only governmental or intergovernmental adjudicative bodies, and not private adjudicative bodies like the international commercial and ad hoc...more
6/15/2022
/ 28 U.S.C. § 1782 ,
AlixPartners LLP v The Fund for Protection of Investors Rights in Foreign States ,
Arbitration ,
Business Disputes ,
Business Litigation ,
Commercial Arbitration ,
Discovery ,
Foreign Jurisdictions ,
Foreign Tribunals ,
International Arbitration ,
International Litigation ,
Popular ,
SCOTUS ,
UNCITRAL ,
ZF Automotive US Inc v Luxshare Ltd
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
This is a significant decision, given how often non-U.S. clients entrust U.S. law firms with their documents.
On July 10, 2018, the U.S. Court of Appeals for the Second Circuit ruled that law firm Cravath need not divulge...more