News & Analysis as of

Foreign Tribunals

Second Circuit Holds Section 1782 Discovery Is Available For Use In A Foreign Or International Proceeding Even Where Applicant...

by Carlton Fields on

This case arose out of a dispute between Intervenors-Appellants Yves Bouvier and MEI Invest Ltd. (collectively, “Bouvier”) and Petitioners-Appellees Accent Delight International Ltd. and Xitrans Finance Ltd. (collectively,...more

The United States Supports Certiorari in the Vitamin C Antitrust Litigation

by Holland & Knight LLP on

On November 14, 2017, following a rare invitation from the U.S. Supreme Court earlier this year, newly confirmed Solicitor General Noel Francisco submitted an amicus curiae brief on behalf of the United States in Animal...more

London Maritime Arbitration Association Held To Be A “Foreign Tribunal” Within The Meaning OF 28 U.S.C. § 1782

by Carlton Fields on

Kleimar N.V., the plaintiff in a London arbitration against defendant Dalian Dongzhan Group Co. Ltd. (Dailan), filed an ex parte application with the New York District Court seeking the issuance of a discovery order and...more

Benedict’s Maritime Bulletin: Discovery and Disclosure: Civil Litigation Tools for Obtaining Evidence in the United States,...

by Burr & Forman on

The ever-increasing cost of civil litigation was once thought to be a unique trait of the United States civil justice system. However, the expense of civil litigation is on the rise across the globe, due in no small part to...more

Divorce Case Spanning Continents Spawns Discovery Sanctions For Company’s Failure To Produce Documents Physically Located Abroad

by Carlton Fields on

The Eleventh Circuit affirmed a district court’s order compelling discovery and awarding contempt sanctions after a man refused to answer discovery requests and defied orders requiring production of documents in a divorce...more

Russian arbitration reform

by White & Case LLP on

On 29 December 2015, the Russian President signed two laws – the Federal Law on Arbitration in the Russian Federation and Federal Law on Amendments to Certain Legislative Acts of the Russian Federation (together – the...more

What You Need to Know About U.S. Law: Discovery in Aid of Foreign Proceedings.

by Pierce Atwood LLP on

The article below is the second in a series regarding "What You Need to Know About U.S. Law." Attorneys from a variety of practice groups at Pierce Atwood will author similar articles in the coming months to educate our...more

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

by 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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