Obtaining evidence for use in international tribunals under 28 U.S.C. Section 1782 / Edward M. Mullins and Lawrence W. Newman, editors.

Second edition.

Huntington, New York : Juris, [2024]

Huntington, NY : JurisNet LLC, [2024]

1 online resource (272 pages).

Juris arbitration law.

Transnational discovery is a vitally important part of international litigation. An increasingly important role has been discovery in the United States of information that can be used in international and foreign tribunals. That discovery has been done through the use of Section 1782 of the federal judicial code, title 28, under which US courts have the discretion to permit interested persons to obtain documents and take depositions under the Federal Rules of Civil Procedure for use in foreign and international tribunals. As applications to federal courts have multiplied in recent years, courts have dealt with them in varying ways and on various legal bases, not all of them consistent with one another. This book discusses in detail the various ways in which courts have interpreted and applied various elements contained in Section 1782, but now in light of the Supreme Court decisions, ZF Automotive US, Inc. v. Luxshare, Ltd. and AlixPartners, LLP v. the Fund for Prot. of Investors' Rights. The new second edition thus includes: considerations about how these recent SCOTUS cases may affect the courts' interpretation of what may be considered "foreign or international tribunals" under the statute; updated case citations, an expanded view of 1782 and its role in cross-border discovery, and key points that a litigant should keep in mind when pursuing or defending against 1782 discovery in various jurisdictions; additional recent case law on the "for use" requirement, including cases involving issues concerning whether Section 1782 can be used for discovery of assets to aid pre- and post-judgment attachment proceedings, whether the foreign proceedings must be "adjudicative" in nature, and whether the evidence obtained can also be used for other proceedings; developments in the law since the Second Circuit decided In re de Valle Ruiz, 939 F.3d 520 (2d Cir. 2019) and the developing split in the circuits, and more. The book is the only one written for practitioners by practitioners with experience and expertise in litigation involving section 1782.--Publisher's website.

Includes bibliographical references.

Description based on Juris ArbitrationLaw title description page, viewed March 25, 2024.

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