...the discovery rights §1782(a) grants to parties. If §1782(a) were to include private foreign arbitrations, this would mean that domestic arbitration parties would have significantly less discovery assistance than parties...
...discovery,”[43] whereas “[t]he United States Federal Rules of Civil Procedure provide for broad pre-trial discovery, one of the most important instruments of discovery being document production.”[44] Moreover, in the context...
...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...
Author: Anna Conley* Published: October 2007 Jurisdiction: United States Topics: Court Decisions Judicial Assistance in Procedural Matters Practice and Procedure Discovery Evidence Description: I. INTRODUCTION Prior to 2004, federal courts...
Author: Peter Ashford* Published: October 2007 Jurisdiction: International Topics: Categories of Disputes Commercial Disputes Practice and Procedure Discovery Evidence Description: I. INTRODUCTION AND GOVERNING LAWS Documentary discovery is part of...
Author: Alan Scott Rau* Published: April 2009 Jurisdiction: United States Topics: Discovery Evidence Description: The law of discovery has been invested at times with unnecessary mystery. There are few fields...
...the first hearing, counsel for the parties, both of whom were American, raised the question of whether the defendant would be entitled to pre-trial discovery. It was clear that discovery...
Authors: Judy Wang & Xiaoyu Huang* Jurisdiction: Brazil United States Topics: ADR Remote Hearings Confidentiality Evidence Discovery Independence & Impartiality Annulment The conference entitled...
...means of obtaining Discovery in aid of international commercial arbitration—applicability and best practices (Feb. 29, 2008), 2-4, https://www.nycbar.org/member-and-career-services/committees/reports-listing/reports/detail/28-usc-1782-as-a-means-of-obtaining-discovery-in-aid-of-international-commercial-arbitration-applicability-and-best-practices. [26] Schinazi, supra note 22, at 47-48. [27] John R. Abersold, Commercial...
Authors: Paul D. Friedland and Lucy Martinez* Published: April 2004 Jurisdiction: United States Topics: Practice and Procedure Discovery Evidence FAA Description: INTRODUCTION The purpose of this article is to provide...
Authors: Dominique D’Allaire and Rolf Trittmann* Published: July 2011 Description: Evidence, its weight and the procedures for its disclosure or discovery, play a crucial role in the resolution of any...
...including filing certain motions, discovery, or any other strategic decision.[28] Legal probability, from a mathematician’s perspective, is not measurable and cannot be applied by statistical probability.[29] Additionally, the behavioral theory...