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Jurisdiction › Discovery › Foreign Tribunals

Herbert Smith Freehills Kramer

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

Herbert Smith Freehills Kramer on

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

Epiq

You Can’t Always Get What You Want

Epiq on

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

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