The D.C. District Court Allows State Sponsored Tribunal to Seek Discovery in Federal Court under 28 USC § 1782(a)

As the U.S. Supreme Court currently considers the issue of whether a private international arbitration constitutes a “foreign or international tribunal” within the meaning of 28 U.S.C. § 1782(a), the lower courts continue to receive applications for discovery assistance in international arbitration matters. Section 1782(a) authorizes U.S. district courts to provide assistance to foreign or international tribunals by ordering discovery of persons in the district.

On May 10, 2021, the United States District Court for the District of Columbia found that the Dubai International Finance Centre-London Court of International Arbitration (“DIFC-LCIA”) constitutes a “tribunal” within the meaning of Section 1782.

Read the complete story here.

Featured Arbitrators

ad
View all

Read these next

Category

Arbitration Tips-N-Tools (TNT): Round 9

In this round of Arbitration Tips-N-Tools, Professor Amy Schmitz asks some of the leading arbitration practitioners about witness examinations during virtual hearings, especially in a digital world and faced with...

By Julie Hopkins, Rachel Goedken, Linda Michler, Amy Schmitz
Category

Arbitration Conversation No. 28: International Arbitrator and Mediator Wolf Von Kumberg

In this episode of the Arbitration Conversation, Amy interviews International Arbitrator and Mediator Wolf Von Kumberg on investor-state arbitration and mediation. https://youtu.be/7TRxcAtSsAA

By Wolf Von Kumberg, Amy Schmitz
Category

FINRA Issues Reg Notice on “Do’s and Don’ts” of PDAA Use in Customer Agreements

This article first appeared on the Securites Arbitration Alert (SAA) Blog here. FINRA has issued a Regulatory Notice reminding industry parties on the proper use of predispute arbitration agreements (“PDAA”)...

By George Friedman

Find an Arbitrator