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Supreme Court Sharply Limits Federal District Courts’ Authority to Order Discovery in International Arbitration Proceedings

Under 28 U.S.C. §1782, parties can ask district courts to compel persons within the courts’ respective districts to provide evidence in aid of proceedings before “a foreign or international tribunal.” A longstanding question...more

Former State Department Lawyers Ask Supreme Court To Leave FSIA Scope To Congress

On September 10, former US State Department lawyers filed a joint amicus brief in the Supreme Court encouraging the justices to reverse a DC Circuit court decision altering the FSIA. The Amicus Brief - Filed in support...more

US Second Circuit Confirms That §1782 Discovery Is to Parties in Private International Commercial Arbitration

On July 8, 2020, the US Court of Appeals for the Second Circuit rendered its decision in In Re Application and Petition of Hanwei Guo for an order to take Discovery for Use in a Foreign Proceeding Pursuant to 28 U.S.C. 1782...more

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