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Subpoenas International Arbitration

Holland & Knight LLP

Section 1782 Subpoenas: Questions May Remain Regarding Foreign or International Arbitrations

Holland & Knight LLP on

Every day, U.S. companies experience a collateral effect of the increasing number of international arbitrations. Parties to these arbitrations are using 28 U.S.C. § 1782 to issue discovery subpoenas to U.S. companies, seeking...more

Morrison & Foerster LLP

International Arbitration Update: Supreme Court To Resolve Circuit Split Over Discovery In Aid Of Foreign-Seated Private...

On March 22, 2021, the United States Supreme Court granted certiorari in Servotronics Inc. v. Rolls-Royce PLC, No. 20-794, to determine whether the discretion granted to district courts under 28 U.S.C. § 1782 (“Section 1782”)...more

Carlton Fields

SDNY Grants 28 U.S.C. § 1782 Application for Discovery in Dispute Involving Republic of Lithuania

Carlton Fields on

The applicant sought to require documents and deposition testimony from an individual located in, and a corporation headquartered in, New York for use in an international arbitration initiated against the Republic of...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

Jones Day

Court Limits Australia's Jurisdiction to Assist International Arbitrations

Jones Day on

The Situation: Parties to contracts on major projects with a connection to Australia frequently arbitrate disputes elsewhere. The Development: The Federal Court of Australia ("FCA") held that Australian courts do not have...more

King & Spalding

Recent New York Decisions Bolster Right to Broad Discovery in Aid of Judgments

King & Spalding on

New York is a key venue for the enforcement of judgments and arbitral awards, and two recent decisions concerning post-judgment discovery demonstrate that while courts will apply their execution and garnishment authority with...more

Carlton Fields

Federal Court Issues Subpoenas For Use In Foreign Arbitration

Carlton Fields on

A federal judge in New Jersey recently granted an ex parte application for issuance of subpoenas for use in a London arbitration. The court’s basis for the ruling was 28 U.S.C.A. § 1782, the federal statute titled “Assistance...more

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