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Tag results for 'foreign litigation'

More ‘Americanization’ of discovery? The fate of Section 1782 remains unsettled

In recent years international lawyers have grown increasingly concerned about the burdensome ‘Americanization’ of discovery in global disputes. The United States Supreme Court recently lost an opportunity to decide the fate of one of the most direct forms of such ‘Americanisation’ – whether parties in private commercial arbitration can seek discovery in US courts under Section 1782. Divisive litigation over Section 1782 will now continue until the Supreme Court resolves the issue and the circuit split.

Released on Oct 8, 2021