Topic: Discovery

Foreign Arbitrations and the Use of Section 44(2)(a) of the Arbitration Act 1996

A previous QuickStudy explored the deep divide among the U.S. courts regarding whether 28 USC §1782’s use of “foreign tribunal” encompasses private commercial arbitration tribunals.1 The Sixth and Fourth Circuits of the United States Courts of Appeals take an expansive view of the definition.

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When Confidentiality and 28 U.S.C. § 1782 Collide: In re Application of Servotronics, Inc.

In the context of an arbitration, “confidentiality” typically refers to the parties’ obligation ‎not to disclose information concerning the arbitration to third parties. As demonstrated by a ‎recent arbitral tribunal ruling, however, the concept is not absolute and may not be used to shield ‎relevant information from being disclosed to a U.S. court addressing a 28 U.S.C. § 1782 ‎application.

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