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2020 ILS Virtual Annual Meeting - The 1782 Conundrum: The American Dream or a Global Nightmare? [CC]
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2020 ILS Virtual Annual Meeting - The 1782 Conundrum: The American Dream or a Global Nightmare? [CC]
This panel will cover aspects of § 1782, such as: (1) the ability to obtain § 1782 discovery in international arbitration; (2) whether such discovery should be allowed on an ex-parte basis without notice to the other side; (3) whether attorneys should anticipate § 1782 proceedings when counseling clients in international arbitrations; and (4) foreign litigants’ expectations for utilizing § 1782.
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Closed Captioned. 28 U.S.C. § 1782 is a powerful litigation tool that empowers US federal courts to assist litigants in discovery for use in a proceeding before “a foreign or international tribunal.” In recent years, there has been much debate as to whether § 1782 applies to international arbitration. Because parties can even obtain § 1782 discovery orders on an ex parte basis, litigants in international arbitrations should be cognizant of its potential effects. This discussion will explore several aspects of § 1782, including: (i) the ability to obtain § 1782 discovery in international arbitrations; (ii) whether such discovery should be allowed on an ex parte basis without notice to the other side; (iii) ethically, whether attorneys should anticipate § 1782 proceedings when counseling clients in international arbitrations; and (iv) foreign litigants’ expectations for, and reservations with, utilizing § 1782.
Product Details
Speakers
Panelists
Amy Bowers-Zamora, Augusto Perera, David M Levine, Emrys Davis, Stuart M Riback
Sponsors
Section of International Law
Product Code
IC2006INTW12OLC
Duration
90
Publication Date
6/2/2020 12:00:00 AM
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