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.
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