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Lars Bauer

Denial of Section 1782 Discovery Based on District Court's Discretion Highlights Differ... - 1 views

blog.internationalpractice.org/?p=1361

28-USC-1782 case-notes law discovery

shared by Lars Bauer on 17 Apr 11 - No Cached
  • Caratube involved a § 1782 petition by the oil company directed at persons and entities in the U.S., which Caratube claimed had information helpful to its prosecution of an international arbitration before ICSID (the International Centre for Settlement of Investment Disputes).  The ICSID tribunal declined to ask Caratube to cease and desist the § 1782 discovery requests.  It did say that it didn’t want the U.S. discovery petition to interfere with the arbitration, and the tribunal reserved on the question whether to admit documents obtained through the § 1782 petition.
  • In the § 1782 proceeding, the District Court exercised its discretion to deny the § 1782 request.
  • the District Court relied on several of the considerations articulated in Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241 (2004).
  • ...4 more annotations...
  • It found that uncertainty about whether ICSID would accept the documents weighed against granting the discovery and further believed that the nature of the ICSID proceeding – arising by reason of a bilateral investment treaty between the U.S. and Kazakhstan – somehow put the court in a position of possibly interfering with the “parties’ bargained-for expectations concerning the arbitration process”.  The District Court did not analyze whether the ability to get U.S. discovery under § 1782 formed a part of the parties’ expectations in the first place. 
  • The Court was moved by the fact that Caratube had outlined the discovery it thought was necessary in the arbitration and apparently did not include a § 1782 request.
  • Indeed, the Rules of the International Bar Association, which the District Court found persuasive authority as a guideline giving indications regarding the relevant criteria for what documents may be requested and ordered to be produced, says specifically that a party should “take whatever steps are legally available to obtain the requested documents”.  Although the IBA rules suggest that that request go to the arbitral panel, in the U.S. there is a statute that permits the party going directly to the third-party with the documents using the vehicle of a § 1782 petition.
  • In the end the District Court was concerned that Caratube was attempting to “circumvent foreign proof-gathering restrictions or other policies of a foreign country or the United States”. 
  • Lars Bauer on 17 Apr 11
     
    In re Application of Caratube, 10-0285 (D.D.C. 2010) [730 F.Supp. 2d 101]
Lars Bauer

Goldstein: More Fuel on the Fire Concerning Section 1782 in Arbitration | Marc J. Golds... - 0 views

arbblog.lexmarc.us/...ng-section-1782-in-arbitration

28-USC-1782 discovery arbitration ICSID USA Ecuador Chevron-Case

shared by Lars Bauer on 12 May 10 - Cached
  • Lars Bauer on 12 May 10
     
    Note on In re Application of Chevron Corp., Misc. No. 19-111 (S.D.N.Y. May 6, 2010) with link to the not-officially-published decision
Lars Bauer

Alford: Chevron's Discovery of Crude Outtakes | Roger Alford, Opinio Juris, May 7, 2010 - 0 views

opiniojuris.org/...ns-discovery-of-crude-outtakes

28-USC-1782 discovery arbitration ICSID Chevron-Case case-notes

shared by Lars Bauer on 12 May 10 - Cached
  • Lars Bauer on 12 May 10
     
    "Yesterday a federal court in New York granted Chevron's request for discovery of outtakes from the 2009 documentary Crude about the multi-billion dollar litigation in Ecuador. Chevron's request was pursuant to 28 U.S.C. 1782, which authorizes a judge in the United States to order discovery of evidence to be used in proceedings before a foreign tribunal." -- Also published on Kluwer Arbitration Blog: http://kluwerarbitrationblog.com/blog/2010/05/07/chevrons-discovery-of-crude-outtakes/
Lars Bauer

Karadelis: Chevron gets access to film footage under section 1782 | Global Arbitration ... - 0 views

www.globalarbitrationreview.com/...28407

28-USC-1782 discovery arbitration USA Ecuador ICSID Chevron-Case

shared by Lars Bauer on 16 May 10 - Cached
  • Lars Bauer on 16 May 10
     
    "Affirming for the first time that section 1782 applications extend to treaty arbitrations, a New York court has allowed Chevron to access 600 hours of unreleased footage from a 2009 documentary film, to be used as evidence in an arbitration with Ecuador and other legal proceedings."
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