Acomb co-authors “Discovery in the United States in Aid of International Arbitration.”

By Frederick Acomb and Mary Kate Griffith

Parties involved in foreign litigation have long had at their disposal a useful tool for obtaining discovery in the United States. 18 U.S.C. § 1782(a) authorizes a United States district court to order a person “resid[ing] or found” in the district to give testimony or produce documents “for use in a proceeding in a foreign or international tribunal ….”  But it is unsettled whether § 1782(a) can be used to obtain discovery in aid of private international arbitration. We discuss this in the following article published in The Litigation Newsletter.

“Discovery in the United States in Aid of International Arbitration,” Michigan Bar Association, The Litigation Newsletter, Winter 2011

For more about Miller Canfield’s International Disputes Group click here.