The following Arbitration guidance note Produced in partnership with Carlos Ramos-Mrosovsky of Alston & Bird and Matthew Reed of Freshfields Bruckhaus Deringer US LLP provides comprehensive and up to date legal information covering:
US statutory law empowers federal district courts to compel discovery of documents, testimony, or other evidence, for use in proceedings before 'a foreign or international tribunal'. Section 1782(a) of Title 28 of the United States Code (Section 1782) (also cited as 28 USC § 1782) presents unique opportunities for parties involved in international disputes, but the availability of Section 1782 discovery in support of international arbitrations has given rise to some disagreement among US federal courts.
Although the operation of Section 1782 is complex and dependent on judicial discretion, a substantial body of authority nevertheless supports the view that Section 1782 authorises courts to order discovery of evidence for use in international arbitration.
This Practice Note provides an overview of the statutory and discretionary factors that US courts consider in deciding whether to grant applications for discovery under Section 1782, with particular attention to whether and when Section 1782 may be available in connection with international arbitration proceedings. This Practice Note also provides a brief overview of the procedure by which a party may seek judicial assistance under Section 1782.
Finally, this Practice Note considers the circumstances in which the courts of England and Wales (England and English are used as a convenient shorthand) may restrain (by way of injunction) the enforcement of a Section 1782
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