Section Newsletters

Articles From Amy D. Mitchell

Does §1782 allow for discovery in international arbitrations? The Renewed Debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, By Amy D. Mitchell International and Immigration Law, May 2010 The issue of whether 28 U.S.C. Section 1782 authorizes discovery in private foreign arbitrations is far from settled.
Does §1782 allow for discovery in international arbitrations? The renewed debate and the Northern District’s response in In re Arbitration in London, England between Norfolk Southern Corp., Norfolk Southern Ry. Co., and General Sec. Ins. Co., and Bermuda, By Amy D. Mitchell Alternative Dispute Resolution, February 2010 With the steady increase in transnational business activity, international arbitration is becoming the method of choice for resolving cross-border disputes. For that reason, the question of whether private international arbitral panels are “foreign or international tribunals” within the scope of Section 1782 is more significant than ever. The answer to this question could change the nature of international arbitration.

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