Application and Avoidance of §28 U.S.C. §1782 Discovery in International Commercial Arbitration; Can the New York Convention and the Doctrine of "Manifest Disregard of the Law" Help or Hurt?
Article from: TDM 1 (2009), in Procedure, Advocacy, Strategy and Tactics in Arbitration
Introduction
This article seeks to explore the doctrinal consequences that may affect enforcement of an arbitration award arising from an arbitral tribunal's refusal to consider evidence obtained pursuant to 28 U.S.C. §1782 in accordance with Article V of the New York Convention or consonant with the doctrine of manifest disregard of the law. In so endeavoring, it shall necessarily trace the contours of the doctrine of manifest disregard of the law and submit to sustained and reasoned examination the jurisprudence attendant to the proscription of §1782.
