Discovery

Despite the heavy workload, practicing international arbitration can be fun; you are always challenged by disputes arising from a diversity of issues that test your ability to design the best…

Section 1782 has become the weapon of choice for international litigants seeking discovery in aid of foreign proceedings. Section 1782 allows an “interested person” to apply for discovery over a…

by Reto Marghitola, Vischer AG Document production, the topic of my new book, is a permanent issue in international arbitration. Now, it has even entered the fictional world of the Willem C. Vis…

Former U.S. Defense Secretary Donald Rumsfeld famously introduced into the American lexicon the oxymoronic concept of the “known unknown”—“that is to say we know there are some things we do not know…

The views expressed are those of the author alone. Technology in arbitration is of course a vast subject which has been addressed extensively by a number of writers. This article focuses briefly on…

Co-authored by Christopher Smith and James Menz, Schellenberg Wittmer On 10 January 2014, the U.S. Court of Appeals for the Eleventh Circuit issued a highly anticipated decision in Consorcio…

A new study of dispute resolution practices in Fortune 1,000 corporations shows that many large companies are using binding arbitration less often and relying more on mediated negotiation and other…

Broadly defined, the word “deposition” refers to the taking of a “written record of a witness’s out-of-court testimony.” (Bryan A. Gardner, Black’s Law Dictionary, 8th edition , p. 472.) This general…

Last week, the U.S. Court of Appeals for the Eleventh Circuit, which sits in Atlanta, waded into the debate concerning whether 28 U.S.C. § 1782 -- which provides U.S. district courts with the power…