U.S. Discovery in Aid of Foreign or International Proceedings: The Rise of 28 U.S.C. sec. 1782
Article from: TDM 5 (2007), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Introduction
With the dramatic growth of disputes involving companies doing business around the world, a United States statute, 28 U.S.C. sec. 1782, which was only rarely invoked until recently, provides a powerful discovery tool. The provision allows parties involved in disputes outside the United States to obtain documents and other evidence from companies or individuals within the United States. U.S. federal courts have broad discretion to order this discovery, provided the application meets certain statutory threshold requirements. Recent developments, including a United States Supreme ...