United States Federal Courts: No Longer Available to Compel Discovery in Connection with Non-United States Arbitrations – Vol. 10 No. 1


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Authors: Brian M. Cogan* and David A. Sifre**

Published: March 1999

Jurisdiction:
United States
Topics:
Court Decisions
Practice and Procedure
Discovery

Description: Federal courts in the United States have been highly accommodating in authorizing discovery of U.S. residents for use in foreign litigation. The majority of decisions allow discovery even without a formal request from the foreign tribunal, and even if such discovery is unavailable in the forum where the litigation is pending. The United States courts long ago abandoned any requirement of reciprocity in deciding whether to allow discovery, reasoning that the allowance of discovery in accordance with U.S. procedures would set an example for foreign states to emulate, even if they do not presently follow those procedures.

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*Brian M. Cogan is a partner in the New York office of Stroock & Stroock & Lavan LLP. His practice is concentrated on international and creditors’ rights litigation.
**David A. Sifre is an associate at the firm.