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Foreign Tribunals Split of Authority

K&L Gates LLP

HUB Talks: Arbitration World: U.S. Supreme Court Set to Decide Section 1782 Circuit Split

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In this episode, partners Lindsay Bishop, Carolyn Branthoover, and Jackie Celender, along with associate John Gavin, discuss the recent oral argument heard by the Supreme Court concerning a circuit split over two consolidated...more

Cranfill Sumner LLP

Part III: Round 2! BOGO – AlixPartners LLP v The Fund for Protection of Investor Rights in Foreign States

Cranfill Sumner LLP on

As noted in our prior posts, the U.S. Supreme Court is set to hear the oral arguments in the case of ZF Automotive US, Inc., et al. v. Luxshare, Ltd. on March 23, 2022. There is also another case, AlixPartners LLP v. The Fund...more

K&L Gates LLP

U.S. Supreme Court to Review Circuit Split Over Scope of 28 U.S.C. § 1782 for Obtaining Discovery in International Arbitrations

K&L Gates LLP on

As the popularity and pace of international arbitration has continued to grow, parties engaged in such arbitration outside the United States have increasingly relied on 28 U.S.C. § 1782 (Section 1782) to obtain discovery in...more

Holland & Knight LLP

Supreme Court to Decide if U.S. Discovery Law Encompasses Private Foreign Arbitrations

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The U.S. Supreme Court has agreed to take up a dispute over whether 28 U.S.C. § 1782, which governs applications for discovery from a United States court for use in a foreign proceeding, permits discovery for use in a private...more

Verrill

Domestic Discovery for Foreign Arbitrations? – Now It’s the Supreme Court’s Turn

Verrill on

In two earlier posts, I described the Circuit split over the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782. (Read: Domestic Discovery for...more

Verrill

Domestic Discovery for Foreign Arbitrations? Now Three Circuits Say “No”

Verrill on

Earlier this month I posted a short piece describing a two-to-two circuit split on the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782, which...more

Morrison & Foerster LLP

International Arbitration Update: Crystalizing Circuit Split, Second Circuit Refuses To Allow U.S. Discovery In Aid Of...

Parties to arbitrations seated outside the United States occasionally request that U.S. federal courts order discovery under 28 U.S.C. § 1782 (“Section 1782”), which allows discovery in the United States for use in a...more

Akin Gump Strauss Hauer & Feld LLP

Sixth Circuit Approves Discovery in Aid of Foreign Private Arbitrations

• The 6th Circuit Court of Appeals recently approved the use of 28 U.S.C. 1782(a) to obtain discovery in connection with a commercial arbitration proceeding occurring outside the United States. • The decision establishes a...more

Eversheds Sutherland (US) LLP

Sixth Circuit allows discovery in international private arbitration

In an opinion last Thursday, the Sixth Circuit held that a federal district court may order discovery for use in a foreign private arbitration. 28 U.S.C. § 1782(a) authorizes discovery “for use in a proceeding in a foreign or...more

Bracewell LLP

Broad U.S. Discovery Now Available in Foreign Arbitrations

Bracewell LLP on

In a decision that may significantly increase access to domestic discovery in foreign arbitration proceedings, the United States Court of Appeals for the Sixth Circuit ruled on September 19 that courts may order individuals...more

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