Corruption in the context of international arbitration is at the forefront of current discussion and analysis. At the same time, innovative efforts to obtain evidence in the U.S. through 28 USC §…
The use of 28 U.S.C. Section 1782 to obtain through U.S. courts evidence in support of foreign proceedings is at its zenith. But a number of questions regarding the scope of the statute are still…
United States Code Section 1782 has become the weapon of choice for international litigants seeking discovery in aid of foreign proceedings. Section 1782 allows an “interested person” (such as a…
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…
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…
I have posted on SSRN my latest article, "Ancillary Discovery to Prove Denial of Justice" just published in the Virginia Journal of International Law. It analyzes Section 1782 discovery proceedings…
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…
On June 25th, 2012 the United States Court of Appeals for the Eleventh Circuit, which covers all federal appeals emanating from the states of Florida, Georgia and Alabama, decided that a private…
When is an arbitral panel an international tribunal for purposes of Section 1782? Section 1782, of course, is the U.S. statute that authorizes federal courts to order discovery in aid of proceedings…
