Increased Forum Shopping For US Discovery Likely After Guo

Law360 (July 22, 2020, 3:01 PM EDT) -- Title 28 of the U.S. Code, Section 1782, authorizes U.S. district courts to order the production of documents or testimony for use in a proceeding in a foreign or international tribunal.

Section 1782 provides a powerful tool for litigants in foreign proceedings, allowing them to benefit from U.S. discovery rules, which are often far more liberal than those in foreign jurisdictions.

Section 1782 discovery may only be granted if the discovery will be used in a proceeding in a "foreign or international tribunal," a phrase which the statute does not define. In recent years, the circuit courts have divided over whether...

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