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Bilateral Investment Treaties Foreign Tribunals

Shutts & Bowen LLP

Discovery Access Under 1782 and ICSID Arbitrations

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Last June, the Supreme Court brought much needed clarity for parties in commercial arbitrations seeking discovery assistance in the U.S. under Section 1782, by holding that such discovery assistance does not extend to...more

King & Spalding

SDNY Rules Section 1782 Discovery Unavailable for Use in ICSID Arbitration

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On December 19, 2022, the SDNY further restricted the use of Section 1782 discovery by ruling that an ICSID tribunal constituted under the Italy-Panama BIT does not qualify as a “foreign or international tribunal” within the...more

Carlton Fields

Second Circuit Finds International Arbitral Tribunal Formed Under a Bilateral Investment Treaty Constitutes a “Foreign Tribunal”...

Carlton Fields on

Third-party defendants AlixPartners LLP and Simon Freakley (collectively, “AlixPartners”) appealed from a July 2020 order of the U.S. District Court for the Southern District of New York, which granted an application for...more

Foley & Lardner LLP

Second Circuit Holds that Arbitration Pursuant to Bilateral Investment Treaty Constitutes “Foreign or International Tribunal”...

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The Second Circuit held on July 15, in AlixPartners,that an ad hoc private arbitration proceeding between a disgruntled Russian investor and Lithuania, pursuant to a treaty between these two nations, constituted a “foreign or...more

Jones Day

Second Circuit Confirms 28 U.S.C. § 1782 Discovery for Investor-State Arbitration

Jones Day on

On July 15, 2021, the Second Circuit reinforced the availability of § 1782 discovery to most investor-state arbitrations. In The Application of the Fund for Protection of Investor Rights, the court held that an investment...more

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