Cross-border discovery remains a vitally important part of international litigation. An increasingly important role is discovery in the United States of information that can be used in international and foreign tribunals. Such discovery is regulated by section 1782 of the federal judicial code, title 28, under which U.S. courts have the discretion to permit interested persons to obtain documents and take depositions for use in foreign and international tribunals.
As applications to federal courts have multiplied in recent years, courts have dealt with them sometimes inconsistently. In this the second edition, the authors discuss those inconsistencies but also newer Supreme Court decisions ZF Automotive US, Inc. v. Luxshare, Ltd. and AlixPartners, LLP v. the Fund for Prot. of Investors' Rights.
Other updates include:
- Supreme Court rulings’ effect on how courts define ‘foreign/international tribunal’
- More details on section 1782 and cross-border discovery
- Updated case citations and additional case law
- Developments relating to the “for use” requirement
- Splits in the circuits
The book is the only one written for practitioners by practitioners with experience in and understanding of litigation involving section 1782. To view the full publication (subscription required), please visit arbitrationlaw.com.
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