The Application of the Fund for Protection of Investor Rights in Foreign States Pursuant to 28 U.S.C. § 1782 for an Order Granting Leave to Obtain Discovery for Use in a Foreign Proceeding v Alixpartners LLP - United States Court of Appeals for the Second Circuit - 20-2653-cv - 15 July 2021
On Appeal from the United States District Court for the Southern District of New York
Third-Party Defendants-Appellants AlixPartners, LLP and Simon Freakley (together, "AlixPartners") appeal from the July 8, 2020 Order of the United States District Court for the Southern District of New York (Analisa Torres, Judge) granting an application for discovery assistance pursuant to 28 U.S.C. § 1782 and the August 25, 2020 Order denying reconsideration of the same. Under § 1782(a), a district court may grant an application for discovery assistance submitted by an "interested person" for use "in a proceeding in a foreign or international tribunal." Plaintiff-Appellee The Fund for Protection of Investor Rights in Foreign States (the "Fund"), a Russian corporation, sought assistance from the District Court to order discovery from AlixPartners for use in an arbitration proceeding brought by the Fund against Lithuania before an arbitral panel established pursuant to a bilateral investment treaty between Lithuania and Russia.