News & Analysis as of

Cross-Border International Arbitration Discovery

JAMS

Making Arbitration More Efficient Is the Responsibility of All Participants

JAMS on

The arbitral procedure shall provide a fair and efficient process for resolving a dispute, and it should be conducted in a manner that avoids unnecessary delays and expenses. However, users of both domestic and international...more

Hogan Lovells

Recent New York decision highlights that courts can recognize a foreign judgment even without personal jurisdiction

Hogan Lovells on

In Cargill Financial Services Int’l, Inc. v. Barshchovskiy (S.D.N.Y. Feb. 18, 2025), the U.S. District Court for the Southern District of New York clarified that recognition of a foreign monetary judgment by a New York court...more

Holland & Knight LLP

Discovery in International Arbitration: The Ever-Expanding Scope

Holland & Knight LLP on

Two recent U.S. federal appellate court decisions addressing a U.S. statute often used to obtain discovery for use in international arbitration will have a significant impact on the conduct of cross-border dispute resolution....more

Mintz - Arbitration, Mediation, ADR...

Calling SCOTUS: Sixth Circuit Re-Establishes Circuit Split Re U.S. Discovery In Aid of Foreign Commercial Arbitration (28 U.S.C. §...

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

Fenwick & West LLP

28 U.S.C. § 1782: A Powerful Tool in Global Disputes

Fenwick & West LLP on

As the number and complexity of cross-border and multi-jurisdictional disputes increase, companies can use 28 U.S.C. § 1782 to obtain evidence from U.S.-based entities for use in those foreign proceedings. Specifically, §...more

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