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The Court of Appeal has upheld a decision refusing to grant an anti-suit injunction to restrain a US s.1782 discovery application seeking evidence defence of libel proceedings...
Supreme Court weighed in on June 13, 2022, in a unanimous decision that neither commercial nor ad hoc investor-state arbitration cases fall within the scope of Section 1782 because they do not qualify as a “foreign or international tribunal.
Congress passed 28 U.S.C. § 1782 permitting any party in foreign proceeding to apply for U.S.-style discovery from entity found in the United States. If the application is granted the applicant can get U.S.-style discovery. Section 1782 enables an applicant to apply.