28 USC § 1782

by Adward M. Spiro and Judith L. Mogul, New York Law Journal, Aug 7, 2008

Dec. 30, 2008 - Basics (zudem veraltet)

June 25, 2008 -- Review of Roz Trading

W. Cameron Beard (Blank Rome LLP), Mainbrace, October 2008 (no. 3) -- Klienteninfo ohne Tiefgang und Nachweise

by Paul Friedland for White & Case, March 11, 2009 - Note on Life Receivables Trust v. Syndicate 102 at Lloyd's of London, 549 F.3d 210 (2d Cir. Nov. 25, 2008)

Daniel Schimmel (Kelley Drye), PLI, International Arbitration 2009 (March 2009) - PDF einer kurzen Powerpoint-Präsentation; nichts Neues

Quinn Emanuel Urquhart Oliver & Hedges

Marubeni America Corporation v. LBA Y.K., Case No. 08-3282 (2d Cir., June 17, 2009)

In re an Arbitration in London, England between Northfolk Southern Corp. et al v. ACE Bermuda LTD (Northern District Ill., June 15, 2009). -- With link to fulltext PDF of the decision

"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."

short note on Marubeni case

"A subpoena for the testimony of Russian Finance Minister Alexei Kudrin was withdrawn after a US State Department opinion that Mr.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."

"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."