(Download) "Discovering Discretion: Applying Intel to [Section] 1782 Requests for Discovery in Arbitration." by Case Western Reserve Law Review ~ eBook PDF Kindle ePub Free

eBook details

Title: Discovering Discretion: Applying Intel to [Section] 1782 Requests for Discovery in Arbitration.
Author : Case Western Reserve Law Review
Release Date : January 01, 2009
Genre: Law,Books,Professional & Technical,
Pages : * pages
Size : 293 KB

Description

Arbitration is an increasingly popular way for litigants to resolve commercial disputes, both in the United States and abroad. With the rise in the use of arbitration, issues related to international arbitration are likely to appear in American courts with increasing frequency. It is unclear whether American courts will assist in discovery proceedings for foreign tribunals, as they often do for other adjudicatory bodies, by compelling discovery from American entities beyond the foreign body's jurisdiction. The primary statute dealing with discovery for foreign courts is 28 U.S.C. [section] 1782. The Supreme Court recently clarified the meaning of this statute in Intel Corp. v. Advanced Micro Devices, Inc. (1) However, courts deciding recent cases have not consistently applied the Court's holdings to cases involving arbitral panels. Under 28 U.S.C. [section] 1782, a federal court has authority to compel discovery for many types of proceedings conducted outside the United States: