The U.S. Supreme Court may at last get the opportunity to determine definitively whether a foreign or international private commercial arbitration proceeding constitutes a “tribunal” under 28 U.S.C. § 1782(a), which affords...more
10/7/2019
/ Administrative Law Judge (ALJ) ,
Arbitration ,
Commercial Arbitration ,
Cross-Border ,
Discovery ,
Dispute Resolution ,
Federal Arbitration Act ,
Federal Rules of Civil Procedure ,
International Arbitration ,
Non-Parties ,
Petition for Writ of Certiorari
As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done. Depending on the law of the place of arbitration, arbitrators may not be able to compel document...more
Litigators in the U.S. often take for granted the ease with which they can obtain discovery from non-parties in our federal and state courts. One might assume that the “presumption in favor of arbitrability” embodied in the...more
10/3/2017
/ Arbitration ,
Arbitration Agreements ,
Arbitrators ,
Discovery ,
Document Productions ,
Federal Arbitration Act ,
Motion to Compel ,
Non-Parties ,
Personal Jurisdiction ,
Rule 45 ,
Subpoenas