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
Where the parties to a private arbitration in the United Kingdom disagreed as to whether the arbitration panel is a “foreign or international tribunal” for purposes of obtaining testimony from residents in South Carolina...more
Courts have consistently exercised discretion when allowing discovery in foreign proceedings under the 1782 discovery statute. A foreign tribunal or interested party in a foreign proceeding must petition the appropriate...more