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Under 28 U.S.C. § 1782, a District Court may compel a resident individual or company to provide discovery for use "in a proceeding in a foreign or international tribunal.
Introduction Parties to private international commercial arbitrations outside of the United States occasionally need help when it comes to evidence production in their arbitral proceedings. One tool to help these parties, particularly if such documents, materials, or individuals sought for deposition are located in the United States, has been § 1782 actions in U.S. courts. To date, there has been a circuit split among courts in the United States as to whether a "private international arbitration" falls within the scope of § 1782(a) to allow for parties to such an arbitration to utilize § 1...
Introduction When parties choose arbitration to resolve their IP disputes, there are certitudes to guide them on arbitration law and procedure, and how their case will be handled: the courts will help enforce their arbitration clause; an impartial tribunal will be selected to judge the case without a jury; and the final award will be widely enforceable in the signatory nations of the New York Convention. [2] But the details of what the particular procedure will be like are often not well known in advance, and in no area are these uncertainties greater than in the procedure the tribunal will a...
Servotronics”) and Rolls-Royce PLC (“ Rolls-Royce”). The arbitration was seated in the United Kingdom and conducted under the rules of the Chartered Institute of Arbitrators. 8 Rolls-Royce alleged that Servotronics supplied it with defective engine valves which caused significant damage to engines it manufactured and supplied to The Boeing Company (“ Boeing”) for the Boeing 787 Dreamliner aircraft. Servotronics filed an application in the United States District Court for the Northern District of Illinois asking the court to issue a subpoena compelling Boeing to produce documents for...
To embed, copy and paste the code into your website or blog: On December 7, the Supreme Court received a request to decide whether parties in private, commercial, international arbitrations can avail themselves of 28 U.S.C. § 1782(a) (Section 1782) to obtain discovery through U.S. federal courts. [1][2] Section 1782 provides in pertinent part: “The district court of the district in which a person resides or is found may order him to give his testimony or statement or to produce a document or other thing for use in a proceeding in a foreign or international tribunal…” Circuits split as...