In the Summer 2007 edition of Arbitration World, we noted that, after Intel, federal courts in New Jersey (In re Oxus Gold) and Georgia (In re Roz Trading) had interpreted Section 1782 to apply to international arbitrations. Recently, courts in Minnesota, Massachusetts and Delaware have followed suit, while a court in Texas has disagreed.
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Discovery Available for ICC International Arbitration | by Jane Wessel and Peter Eyre, ... - 0 views
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Notes on Babcock Borsig and the two Comision Ejecutiva cases
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Notes on Babcock Borsig and the two district court decisions in Comision Ejecutiva
US judge refuses to compel testimony under section 1782 | by Uzma Balkiss Sulaiman, Glo... - 0 views
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In a decision that appears to swim against the tide, a US district court in Chicago has refused to compel Scott Carey, a potential witness in a London arbitration, to give a deposition.
Pendulum swings in section 1782 cases? | by Kyriaki Karadelis, Global Arbitration Revie... - 0 views
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A 2006 ruling prompted an uptick in requests to US courts under section 1782 but now the tide could be reversing, as three courts take the view arbitral panels don't qualify for evidentiary help.
More U.S. Courts Permit Discovery in Aid of Foreign Arbitrations, But Texas D... - 0 views
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Although the weight of post-Intel legal authority suggests that participants in foreign arbitrations can now successfully apply for discovery in the U.S. under Section 1782, there remains a conflict in the federal district courts. Until the scope of Section 1782 is clarified by Circuit Courts of Appeals or the United States Supreme Court, a party to foreign arbitration who hopes to discover evidence in the U.S. cannot predict with certainty whether it will meet the first requirement: a recognition of the arbitral body as a “tribunal.” However, based upon the recent trend, it is likely that this hurdle will be cleared – unless the evidence lies in Texas
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by Abram I. Moore - short notes on Hallmark Capital, Babcock Borsig and the two decisions in Comision Ejecutiva (Delaware and Texas)
The Use of Evidence Obtained in US-American Discovery in International Civil ... - 0 views
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The Use of Evidence Obtained in US-American Discovery in International Civil Procedure Law and Arbitration in Switzerland [Müller-Chen] (238 KB)
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"The gathering of evidence is a key element in legal proceedings. Contrary to the regulations in Switzerland, the US legal order allows for pre-trial discovery, i.e. the parties are entrusted with the collecting of evidence at an early stage. This diverging approach becomes relevant in civil proceedings or arbitral proceedings in Switzerland with a linkage to the USA. The question arises if and how parties may profit from the US-American discovery procedure. This paper wants to answer the question by examining the use of evidence gathered in US-American discovery in international proceedings before Swiss courts as well as arbitral tribunals located in Switzerland. Part one concentrates on the possibilities and limitations of legal assistance pursuant to 28 U.S.C. § 1782. In part two the utilization of evidence collected in discovery procedure in Switzerland, in the event of a party seeking legal assistance individually, is evaluated. Thereby, special consideration is given to the Hague Evidence Convention and the Swiss ordre public. The paper concludes with a short summary of the author's findings and rationalizations why evidence collected in discovery proceedings should be admitted."
The Withdrawal of the Kudrin Subpoena in Response to the US Departments of State and Ju... - 0 views
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"A subpoena for the testimony of Russian Finance Minister Alexei Kudrin was withdrawn after a US State Department opinion that Mr. Kudrin was a part of a special diplomatic mission at the time. In withdrawing the subpoena, it is important to note that this decision leaves open the possibility of future subpoenas when special diplomatic circumstances do not apply."
Second Circuit Affirms Simpson Thacher Victory in Section 1782 Application for Discover... - 0 views
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short note on Marubeni case
KYC News Inc. - Community Message Board: Detail - Re: Critics Call Delaware a Tax Haven... - 0 views
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"Below is a a Memorandum of Law that was used in an application for the appointment of a commissioner to collect evidence - pursuant to a request for judicial assistance from the United Kingdom - that was made at the U. S. District Court for the District of Kansas on July 1, 2008."
Obtaining Domestic Discovery in Aid of Private International Arbitration (Quinn Emanuel... - 0 views
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Quinn Emanuel Urquhart Oliver & Hedges
Developments in U.S. Law Regarding a More Liberal Approach to Discovery Reque... - 0 views
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