...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...
Search Results for : Discovery
...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...
Using 28 U.S.C. § 1782 to Assist a Private International ...
...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...
United States Federal Courts: No Longer Available to Compel Discovery ...
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...
A New World of Discovery: The Ramifications of Two Recent ...
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...
Documentary Discovery and International Commercial Arbitration – Vol. 17 No. ...
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...
Evidence and Discovery in American Arbitration: The Problem of Third ...
...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...
GTE Communication Systems Corporation v. Thomson CSF Telephone, S.A. No. ...
Authors: Judy Wang & Xiaoyu Huang* Jurisdiction: Brazil United States Topics: ADR Remote Hearings Confidentiality Evidence Discovery Independence & Impartiality Annulment The conference entitled...
ARIA Report: “Arbitration in Two Worlds: U.S. and Brazilian Perspectives ...
...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...
The Popular Meaning of “Foreign or International Tribunal” in ...
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...
Arbitral Subpoenas under U.S. Law and Practice – Vol. 14 ...
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...
Disclosure Requests in International Commercial Arbitration: Finding a Balance Not ...
...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...