The U.S. Court of Appeals for the Third Circuit recently issued an opinion holding that when a district court has ordered discovery under 28 U.S.C. § 1782, but has not yet conclusively defined the scope of that discovery, the...more
The US Court of Appeals for the Fourth Circuit held that a corporation that is not physically present in a district is not “found” in the district for purposes of the federal statute that authorizes courts to order discovery...more
The United States Supreme Court resolved a split among the federal appeals courts on the question of whether private international arbitration tribunals can be considered to be either “foreign” or “international” tribunals...more
Earlier this month I posted a short piece describing a two-to-two circuit split on the question of whether a foreign private arbitration panel is a “foreign or international tribunal” for purposes of 28 U.S.C. § 1782, which...more
On July 8, 2020, the U.S. Court of Appeals for the Second Circuit held that 28 U.S.C. §1782, which affords discretion to U.S. courts to order discovery in the U.S. in connection with foreign proceedings, does not extend to...more
Just as the jurisprudential pendulum appeared to be swinging smoothly in one direction, the Second Circuit declined to get on board and instead pushed back to the future on July 8, 2020 in holding that federal courts may not...more
There has been considerable debate about what qualifies as a “tribunal” under 28 U.S.C. § 1782(a), which enables courts to order discovery from a party or non-party for use in a proceeding before “a foreign or international...more
A recent Second Circuit decision provides important guidance on the scope and application of Section 1782, the expansive discovery provision that authorizes district courts to compel parties in the United States to provide...more
On October 7, 2019, the US Court of Appeals for the Second Circuit extended litigants’ ability to seek discovery under 28 U.S.C. §1782. Parties typically pursue discovery as part of the litigation process; however, Section...more
• The 6th Circuit Court of Appeals recently approved the use of 28 U.S.C. 1782(a) to obtain discovery in connection with a commercial arbitration proceeding occurring outside the United States. • The decision establishes a...more
On September 19, 2019, the United States Court of Appeals for the Sixth Circuit rendered a landmark decision which recognized that district courts within the Sixth Circuit can order discovery under 28 U.S.C. § 1782 for use in...more
The Third Circuit has vacated and remanded a district court’s decision quashing a subpoena issued pursuant to 28 U.S.C. § 1782, which allows a party to procure discovery for us in a foreign proceeding, finding that the...more
This case arose out of a dispute between Intervenors-Appellants Yves Bouvier and MEI Invest Ltd. (collectively, “Bouvier”) and Petitioners-Appellees Accent Delight International Ltd. and Xitrans Finance Ltd. (collectively,...more