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Lars Bauer

Section 1782 Relief Permitted For Discovery in International Arbitration and Litigation... - 0 views

blog.internationalpractice.org/?p=783

28-USC-1782 arbitration discovery case-notes USA

shared by Lars Bauer on 20 Dec 10 - No Cached
  • Lars Bauer on 20 Dec 10
     
    In re Chevron Corp., 10 CV-2989, 2990-AW (D. Md. Nov. 24, 2010)
Lars Bauer

DLA Piper | Litigants in foreign proceedings may obtain documents, other evidence locat... - 0 views

www.dlapiper.com/s-other-evidence-located-in-us

28-USC-1782 USA Germany case-notes

shared by Lars Bauer on 22 Mar 11 - No Cached
  • Applications of Heraeus Kulzer, GmbH, for Orders Compelling Discovery for Use in a Foreign Proceeding v. Biomet, Inc., (7th Cir. Jan. 24, 2011)
  • Lars Bauer on 22 Mar 11
     
    A party to a lawsuit in Germany may obtain documents from its adversary in the United States for use in the German litigation, according to the United States Court of Appeals for the Seventh Circuit. The Court's recent decision in Applications of Heraeus Kulzer, GmbH, for Orders Compelling Discovery for Use in a Foreign Proceeding v. Biomet, Inc., (7th Cir. Jan. 24, 2011), highlights the usefulness of the federal statute 28 U.S.C. § 1782 as a means of obtaining documents, testimony and other evidence from opposing parties or third parties located in the United States to support foreign litigation (and possibly arbitration).
Lars Bauer

U.S. Judicial Discovery Assistance for Private Foreign Arbitrations: The Fifth Circuit ... - 0 views

arbblog.lexmarc.us/...ions-the-fifth-circuit-says-no

28-USC-1782 arbitration discovery case-notes Comision-Ejecutiva

shared by Lars Bauer on 27 Aug 09 - Cached
  • Lars Bauer on 27 Aug 09
     
    The Fifth Circuit U. S. Court of Appeals last week reaffirmed its position that 28 U. S. C. 1782, which provides for federal assistance in obtaining discovery for use in foreign and international tribunals, does not apply to private commercial arbitration tribunals. El Paso Corp. v. La Comision Ejecutiva Hidroelectrica del Rio Lempa, 2009 U. S. App. LEXIS 17596 (5th Cir. Aug. 6, 2009).
Lars Bauer

US judge refuses to compel testimony under section 1782 | by Uzma Balkiss Sulaiman, Glo... - 0 views

www.globalarbitrationreview.com/...18386

28-USC-1782 arbitration case-notes

shared by Lars Bauer on 25 Aug 09 - Cached
  • Lars Bauer on 25 Aug 09
     
    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.
Lars Bauer

Third Circuit Weighs In Chevron Ecuador Matter, Permitting § 1782 Discovery B... - 0 views

blog.internationalpractice.org/?p=1353

28-USC-1782 case-notes law discovery

shared by Lars Bauer on 17 Apr 11 - No Cached
  • In Re Chevron Corp., No. 10-2815 (3d Cir. Feb. 2011), involves a review by the United States Court of Appeals for the Third Circuit of a District Court’s order granting Chevron discovery under 28 U.S.C. § 1782 (see the discussion the use of U.S. discovery in international proceedings in our e-book, International Practice: Topics and Trends).
  • Lars Bauer on 17 Apr 11
     
    In Re Chevron Corp., No. 10-2815 (3d Cir. Feb. 2011)
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]
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