Cached
The court noted that in Republic of Kazakhstan v. Biedermann International, 168 F.3d 880 (5th Cir. 1999), the court held that “a ‘tribunal’ within the meaning of § 1782 did not include a private international arbitral tribunal, and thus § 1782 did not apply to discovery sought for use in such a tribunal.”
Notes from the State Department | Letters Blogatory - 0 views
Fifth Circuit Rules on Section 1782 Discovery Motion for International Arbitration Case... - 0 views
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the Fifth Circuit was not persuaded by CEL’s argument. The Court concluded that the issue of whether a private international arbitration tribunal qualifies as a “tribunal” under § 1782 was not before the U.S. Supreme Court in Intel.
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Accordingly, the court denied El Paso’s motion to dismiss the appeal as moot and affirmed the district court’s grant of the Rule 60(b) motion.
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Note on El Paso Corporation v. La Comision Ejecutiva, No. 08-20771 (5th Cir. Aug. 6, 2009) where the United States Court of Appeals for the Fifth Circuit held that section 1782 does not apply for a discovery motion for use in a private international arbitration (arbitration in Geneva under the UNCITRAL Arb. Rules)
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Note on El Paso Corporation v. La Comision Ejecutiva, No. 08-20771 (5th Cir. Aug. 6, 2009) in which the United States Court of Appeals for the Fifth Circuit held that section 1782 does not apply for a discovery motion for use in a private international arbitration (arbitration in Geneva under the UNCITRAL Arb. Rules)
Michael Nolan & Lesley Benn, New Approach Creates Paradox for US Parties, Global Arbitr... - 0 views
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"Recent decisions on section 1782 could put US companies at a disadvantage in international arbitration." - Short overview of case law from Intel to Roz Trading.
Schmertz/Meier, Judicial Assistance (Evidence), 2004 Int'l L. Update, Vol. 10, No. 6 (J... - 0 views
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"In competition complaint matter before EC Commission, U.S. Supreme Court holds that target of complaint is "interested person" under 28 U.S.C. Section 1782 on international judicial assistance and that Congress did not intend to impose foreign-discoverability limitation as bar to obtaining documents in records of federal court where target was litigant."
[PDF] de Grandpré, Obtaining U.S. Discovery in Aid of Canadian Litigation, Co... - 0 views
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Vincent M. de Grandpré, Obtaining U.S. Discovery in Aid of Canadian Litigation, Commercial Litigation Review, Vol. 7, No. 1, February 2009
Section 1782 Discovery. District court grants motion to quash subpoenas as improperly i... - 0 views
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Baker & McKenzie, International Litigation & Arbitration, March 2008, Vol. 8, Issue 3. Case note on In re Godfrey, 526 F. Supp. 2d 417 (S.D.N.Y. 2007)
[PDF] The Unequal Playing Field: Companies Subject to Section 1782 in International Arb... - 0 views
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Fulbright & Jaworski LLP. Abstract: "Some parties to international arbitration proceedings have recently applied to courts in the US pursuant to § 1782 of Title 28 of the US Code to obtain discovery in "aid" of arbitration. The following discussion briefly addresses section 1782 and its applicability in international arbitration proceedings, issues that might arise as a result of section 1782 filings made in international arbitrations and ways to alleviate these issues."
Blank Rome LLP: Further Update on 28 U.S.C. § 1782: Collecting Evidence in th... - 0 views
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W. Cameron Beard, February 2002
US Statute Increasingly Invoked to Obtain Discovery for Use in Foreign Arbitrations (Ja... - 0 views
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Skadden 2009 Insights, p. 99, Contributor: Timothy G. Nelson
Handler/Tennyson, International Discovery Requests Under 28 U.S.C. § 1782 (Wi... - 0 views
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Jonathan I. Handler & Erica Tennyson, Day Pitney LLP, Committee on Pretrial Practice & Discovery
Wessel/Eyre, US Discovery in aid of non-US arbitration proceedings, Int'l Arb. L. Rev. ... - 0 views
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Anm. zu Oxus Gold und Roz Trading
The Mandatory / Non-mandatory Character of the Evidence Convention [PDF] - 0 views
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drawn up by the Permanent Bureau of the Hague Conference on Private International Law, December 2008
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