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Foreign Tribunals 28 U.S.C. § 1782 Appellate Courts

Herbert Smith Freehills Kramer

Contracting Around Section 1782 Discovery? Second Circuit Rules That Forum-selection Clauses May Weigh Against Discovery...

In Banoka S.à.r.l. v. Elliott Management Corp., the Second Circuit recently held that a contractual forum-selection clause may weigh against an application for discovery under 28 U.S.C. § 1782 (Section 1782). 2025 WL 2166397...more

Shutts & Bowen LLP

US Discovery Related to Private International Commercial Arbitration: What Will the Supreme Court Say?

Shutts & Bowen LLP on

Seeking discovery in the United States in aid of a proceeding before a foreign or international tribunal is a useful and unique tool available under 28 U.S.C. § 1782. This statute provides that any “interested person” may...more

ArentFox Schiff

US Second Circuit Confirms That §1782 Discovery Is to Parties in Private International Commercial Arbitration

ArentFox Schiff on

On July 8, 2020, the US Court of Appeals for the Second Circuit rendered its decision in In Re Application and Petition of Hanwei Guo for an order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782...more

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