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CIETAC Foreign Tribunals

K&L Gates LLP

Second Circuit Reaffirms That Section 1782 Discovery Is Not Available In Aid of Private International Arbitration, Deepening...

K&L Gates LLP on

In July 2020, in In re Guo,1 the U.S. Court of Appeals for the Second Circuit reaffirmed that in the Second Circuit, a party may not use 28 U.S.C. § 1782 (Section 1782) to obtain documents or other discovery for use in a...more

Fox Rothschild LLP

U.S. Circuit Courts Split Over Issues Concerning The Ability To Obtain Evidence From Non-Parties In International Arbitration,...

Fox Rothschild LLP on

In these series of posts, we discuss the differences that have emerged in rulings by federal appeals courts in the United States Circuits on certain issues that may affect the ability of a party in an international...more

Carlton Fields

Second Circuit Affirms Ruling That Chinese Arbitration Organization Is Not a “Foreign or International Tribunal” Under Section...

Carlton Fields on

In February 2019, the U.S. District Court for the Southern District of New York denied petitioner Hanwei Guo’s discovery application after determining that the China International Economic and Trade Arbitration Commission...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

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

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

ArentFox Schiff

US Second Circuit Confirms That §1782 Discovery Is to Parties in Private International Commercial Arbitration

ArentFox Schiff on

On July 8, 2020, the US Court of Appeals for the Second Circuit rendered its decision in In Re Application and Petition of Hanwei Guo for an order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782...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

Carlton Fields

Discovery Under Section 1782 Denied Based on Finding That Chinese Arbitration Organization Was Not a “Foreign or International...

Carlton Fields on

Section 1782(a) permits a person to seek a court order for the production of documents for use “in a proceeding in a foreign or international tribunal. …” To obtain discovery under the statute, the petitioner must meet three...more

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