3 Ways To Let Arbitrators Control Int'l Arbitration Discovery

Law360 (May 21, 2020, 3:58 PM EDT) -- Section 1782 of Title 28 of the U.S. Code is a very powerful tool that authorizes the obtaining of discovery in the U.S. for use in foreign proceedings, and use of the statute is increasing. Meanwhile, international arbitration continues to grow as a neutral forum for resolving international disputes.

At the intersection of these two trends is the important question of whether Section 1782 can be used to obtain discovery in aid of private, international arbitration proceedings.

This article looks at the split in the way the courts have answered that question and gives practical advice on what can be done...

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