Скачать или смотреть Update and Status on Section 1782 of Title 28 of the United States Code “Section 178...

Please note that this summary of the panel was AI-generated and therefore has not been fully vetted for accuracy.

The session at Washington Arbitration Week focused on Section 1782 of Title 28 of the United States Code, which permits international parties to seek discovery from entities located in the U.S. The discussion was moderated by Adam Glassman and featured panelists including Danielle Willis, Michael Rodriguez Martinez, John Marino, and Evan Clamsen, who provided insights into the implications of recent Supreme Court decisions on international arbitration.

The panel highlighted that Section 1782 allows litigants in foreign proceedings to request evidence from U.S. courts, provided certain conditions are met, such as the existence of a foreign tribunal and the residence of the person or entity from whom evidence is sought within the court's jurisdiction. Key factors for the court's discretion include the relevance of the evidence, the nature of the foreign proceedings, and the potential burden on the party from whom evidence is requested.

Recent Supreme Court rulings have narrowed the applicability of Section 1782, particularly in the context of commercial and investment arbitration. The court clarified that "foreign or international tribunal" refers only to bodies exercising governmental authority, which excludes many commercial arbitration tribunals. This has raised concerns about the future use of Section 1782 for obtaining evidence in international arbitration cases.

Panelists discussed specific cases illustrating the challenges posed by the Supreme Court's interpretation, including instances where courts denied requests based on the nature of the tribunals involved. They also explored alternative strategies for obtaining discovery, such as leveraging local state statutes that allow for pre-arbitration discovery, although these are less commonly used in international contexts.

The session concluded with a recognition of the ongoing challenges in international arbitration and the need for practitioners to adapt to the evolving legal landscape. Participants emphasized the importance of strategic planning and thorough research when seeking discovery under Section 1782 or similar provisions.

Authors: Teddy Baldwin, Daniel Pulecio-Boek, Michael Rodríguez, John L. Murino, Evan Glassman